The Development of Compulsory Licensing of Medicine from SARS to COVID-19 in Taiwan: An Expectation to the Legal State
Since the corona virus has broken out in the end 2019 all around the world, it became the urgent priority to every countries to control it by taking medicine. It is said that the experience of the compulsory licensing of Tamiflu due to the avian influenza in 2005 in Taiwan could support it. Nevertheless, according to the opinion in this essay, it might be doubtful that preventing the epidemic couldn’t be possible without the compulsory licensing. There are lots of negative effects by compulsory licensing of medicine. At the meantime of preventing the epidemic, compulsory licensing as ultima ratio should be taken seriously, in order to make the suitable judgment for Taiwan. It takes time to discovery new drug, also risky and needs substantial investment. Compulsory licensing shall correspond to the demand as ultima ratio, otherwise it might influence the motivation to raise and invest funds to the discovery of new drugs.