Should pharmaceutical companies relinquish covid-19 vaccine patents? A legal and ethical analysis with jewish perspectives

Abstract

Pharmaceutical companies rely on patent protections to incentivize the development, production, and distribution of innovative products, including COVID-19 vaccines. However, these protections have created a conflict between intellectual property rights and global public health needs during the pandemic. Wealthy nations secured ample vaccine supplies, while low- and middle-income countries faced significant access challenges. Proposals to waive vaccine patents aim to enable broader manufacturing and distribution worldwide. This paper explores the rationale behind patent protections, the implications of patent waivers, and their ethical dimensions, including perspectives from Jewish ethics. It examines how patent systems drive innovation but may limit equitable access, particularly in developing nations, and evaluates the moral obligation to prioritize public health over profit. The analysis integrates legal frameworks, ethical principles like beneficence and justice, and Jewish ethical teachings that balance individual ownership with communal responsibility, offering insights into resolving this complex issue.