This blog’s initial publishing was on the lexlife blog.

“Water above our head now”[1]  these are the word used by the Delhi high court to depict the dreadful and appalling situation rampant all over India. When compatriots are longing for oxygen in India on one hand, countries in Europe or the global north are enjoying a drastically different situation on the other. They are protecting the population by dispensing double inoculation, otherwise considered to be a herculean task by many countries in the global south. Ironically when outright India conferred by lockdowns due to the staggering rise in covid 19 cases, the global north becomes the hosting ground of world’s second largest sports festival[2]. Only plausible way, however to resuscitate the stumbling Indian economy and surging unemployment is initially to lift the lockdown implemented on the same, by vaccinating the whole population. But vaccinating population of a particular country is not a complete solution as there is high probability for virus to evolve among non-vaccinated countries and hence become resilient to vaccine made immunity .Considering the evolutionary attribute of the virus the only way forward is the idea of ‘’universal vaccination’’.

Universal vaccination is critical on many ends. First, as the population to be vaccinated is large in number, the production of vaccine needs to be equivalent to the same. Second, the issue reels around patents rights, these are rights possessed by companies manufacturing vaccine. Most notable vaccine manufacturing companies are Pfizer and Moderna. The third issue incorporated in the scenario is the imperative issue of human rights. Moreover, the right to essential medical prophylaxis and supply is conferred to the people universally by the virtue of UDHR[3]. In other words social justice is the foundational part of successful orchestration of epidemiological intervention, from blocking emergence of pathogens to commence with to controlling those that break on through as pandemics. All the three issues are predominantly inextricable. This ultimately results in tussle between human rights and intellectual property rights. The right to hold patents rights and the right to get life saving vaccine are conflicting each other sometimes. The irrefutable correlation shared by human rights and intellectual rights is significant because it transcends each other. Despite the overlap these two fields of laws, otherwise operate in their independent domains. In simple terms the intellectual property right recognizes right and provides incentives for inventions connected to social development. Human rights are basic natural right recognized by state.Indeed these rights are inheritable rights contingent upon human dignity

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