01 - The rule of law on the use of a new treatment for Corona patients (Covid-19) - Almashora Lawyer Zainab Muhammad Legal Firm Qatar, Legal Advice and Arbitration

During the outbreak of the Corona virus (covid-
19) At the present time, frighteningly around the world and its spread, most major countries raced to produce a treatment that is used as a drug to cure this epidemic or to limit its spread, and they both deal with that pace without taking into account the legal position of using a new treatment on the patient and its impact, and there is no doubt Permitting the use of a new treatment requires a specific protocol (according to the fixed and legal assets).

In this article, we highlight the legality of using a new treatment for coronavirus patients (Covid-19) and the legality of testing a vaccine on the patient:

Qatari Law and Patient Protection :

– At the outset, we make it clear that the Qatari legislator has taken care of public health and set controls and conditions to allow the practice of medicine in general and the use of medicine on the patient in particular. I do not fail to mention here that the Qatari constitution, in Article 23 of it, obligated the state to public health, and to provide means of prevention and treatment of diseases and epidemics in accordance with What the law provides.

The first paragraph of Article 47 imposes penalties on the availability of reasons for legalizing the practice of medical work, the most important of which is that the act that occurred in good faith is the use of a right established under Islamic Sharia or the law, and within the scope of this right. It is considered a use of the right:

1- Practicing medical work whenever it is carried out in accordance with the scientific principles recognized in the licensed medical professions, and with the consent of the patient or his representative, explicitly or implicitly….))

– It is clear from the text of the two previous articles that the Qatari legislator has obligated the state and put it upon it to provide full health care to citizens and treatment of epidemics, and in return it has specified certain conditions that must be followed when practicing medical work in general on the patient, especially that this practice should be in accordance with the scientific, recognized and followed principles medical professions and with a special permit from the concerned authorities

– In that context, the Qatari legislator stressed and imposed a prison sentence of up to 10 years for violators, and confirmed this according to the text of Article 310 Penalties that (punishes with imprisonment …. whoever deliberately gives others medicines, preparations, or any non-lethal substance, resulting in a disease or incapacitated for personal

– It becomes clear here that the Qatari legislator has put in place a special text for the use of medicines, thus imposing the penalty of imprisonment on everyone who gave the patient medicines that resulted in his illness or disability, and it becomes clear here how keen the Qatari legislator is on the life and safety of citizens and residents together in order to preserve the general health of individuals within the Qatari society.

– The World Health Organization and its position on the use of a new treatment for patients with the Corona virus (Covid-19)

To date, the World Health Organization has announced that there is no specific drug recommended to prevent – or treat – the emerging corona virus. Some treatments are still being investigated, and will be tested through clinical trials.
The organization is collaborating with a range of partners to accelerate research and development efforts. However, it recommended that people infected with the virus should receive appropriate care to relieve and treat symptoms,

The US Food and Drug Administration (FDA) and its position on the treatment of corona virus (covid-19)

The administration recently announced new emergency protocols that allow the use of blood plasma from people who have recovered from the emerging corona virus for treatment of patients who are in a critical situation due to their infection with Covid-19.

And she added, she is working to expedite the use of blood plasma treatment, which makes it easier for doctors to resort to another way to fight the disease in light of the lack of a drug or vaccine against the virus, which kills hundreds or thousands of lives every day around the world.

– It is worth mentioning here:

Hamad Medical Corporation recently announced the use of blood plasma in the treatment of some cases infected with the Corona virus (Covid-19) at the Center for Communicable Diseases of Hamad Corporation. to enhance their resistance to the virus.

Intellectual property and patents if any new treatment for Corona Virus (Covid-19) is discovered

Intellectual property is the product of human thought of creations and inventions, legally protected by rights, such as the patent, which is a certificate issued by the competent administrative authority that gives the inventor the exclusive right to exploit and use his invention industrially. To become a product.
As a consequence, he has the right to sue any infringer of this product, which has become his right alone without others.

The Qatari criminal legislature has organized special protection for intellectual property in general. Article 388 stipulates penalties for imprisonment of up to 3 years and a fine of 20,000 riyals for anyone who infringes on the intellectual property rights of others.

We hope, after more medical and experimental examinations, to discover a new vaccine to eliminate this dreaded epidemic, rid the world of its devastating and deadly effects, and register the first patent.

– In sum, until now, it has not been proven approval or authorization for the use of a global treatment against the Corona virus, Covid-19 disease, and this is due to the fact that the virus is new and newly discovered, and it is natural that it takes time for study and medical tests to show the validity of the treatment for human use and to ensure the consequences of it to avoid the occurrence of the occurrence of the disease. No harm to the health of patients.
Therefore, it is necessary to pay attention and prohibit the use of any new treatment for the virus on patients without ensuring the degree of safety sufficient for the patient’s safety when vaccinated with it, in order to ensure the safety of people and to avoid the legal issue.

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