Miracle Drugs: Do Developed Nations Have an Obligation to Share Treatment Discoveries?

By Beven B. Nedumthakady

Beven Nedumthakady is a 3L at Albany Law School. He grew up in the Hudson Valley, and he received a bachelor’s degree in electrical engineering from SUNY New Paltz before deciding to attend law school.

During his time at Albany Law School, Beven has served in the Student Bar Association as a Senator and currently as Vice president. He has also served as Vice Justice of the Phi Alpha Delta Rockefeller Chapter, and he is the President and co-founder of the Catholic Law Students Association. Additionally, he is an executive editor of International Law Studies.

Beven has worked in a number of different legal fields, including civil litigation at the Legal Aid Society of Northeastern N.Y., criminal prosecution at the Albany District Attorney’s Office, and intellectual propriety at Heslin, Rothenberg, Farley & Mesiti P.C.

In his free time, Beven enjoys hunting fishing, hiking, and spending time outdoors.

This paper seeks to evaluate whether there is a legal obligation on the part of developed nations to share scientific advancements in the treatment and prevention of sickness and disease. Specifically, it considers the existence of such an obligation to share the available treatment and prevention of COVID-19 with developing nations to help bring the pandemic to an end.

The paper looks at the toll of the COVID-19 pandemic and the legal history of sharing biological advances under the Biological Weapons Convention. It also considers how international law protects intellectual property rights under the TRIPS Agreement, as well as the carve-out provisions under that international accord. Ultimately, the paper examines the ramifications of waiving intellectual property rights and discusses the arguments on both sides.

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To read the paper, open HERE.