Komal Kalha: on COVID – and the next pandemic

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Komal Kalha: on COVID – and the next pandemic

kalha-komal.jpg

Komal Kalha is head of IP and trade policy at the International Federation of Pharmaceutical Manufacturers & Associations, the biopharmaceutical industry’s trade body. She talks to Charlotte Kilpatrick about the need for a strong incentive system to help the industry prepare for the next pandemic.

How would you describe your role at IFPMA? What is a normal day at the ‘office’ for you?

I lead the work on intellectual property and trade policy. This involves advising policy makers and our members, who are companies and national trade bodies, on IP and trade issues that are being discussed across UN agencies, the WTO, WIPO, G7, G20 and OECD.

For the past year, there has understandably been a great deal of focus on the development of COVID therapeutics and vaccines and how these need to reach patients. However, the basics haven’t changed, just amplified.

My role is to equip policy makers with the explanation of the important role of IP incentives in the larger innovative ecosystem and understand if there are any IP or trade barriers which would hamper patient access. In doing so, my advocacy is geared towards providing strategic advice on local, regional, and multilateral issues from a cross-sector business and legal perspective to provide a policy solution.

Other than finding vaccines and therapies for COVID in record time, are there other challenges the pharma industry is facing?

During this pandemic, what is easily forgotten is that apart from our responsibility to find and manufacture (at scale) COVID treatments and vaccines, we have a responsibility to those that need other vaccines and medicines as well. We cannot just ignore non-COVID patients.

We also need to carry out research and development not just for the next pandemic but also for ailments of existing patients. All this is done by investing at risk, relying on our experts to get the job done and a strong incentive system.

Currently, there is a push to uproot the incentive system, which has worked and allowed us to provide several solutions for a pandemic the likes we have not seen before. Do you know, an IP holder has to – at every stage, all the way from filing an application to the end of term of protection – defend their IP, whether it be administrative, legal or enforcement challenges.

Despite these hurdles, the industry is willing and ready. I would like to see that concern be eased by way of our actions and that science be put before politics.

How do you see the balance of IP rights and the need to get medicines to where they are required most?

Unfortunately, IP protections and access issues have got entangled in each other over the years. For a patient to get access to the right medicine at the right time, an entire sys­tem needs to work, with each stakeholder playing a different yet critical role in this system.

In fact, we are dependent on other players to get that medicine to the patient, these being those making laws and policies, procuring, deploying, selling, diagnosing and administering the medicine, to name a few.

If any step goes wrong, access will be hampered, none of which is remotely related to IP. This is why industry keeps on making the point that greater access is dependent on healthcare system strengthening.

IP, on the other hand, allows you to take the risk to go forward and explore possibilities of cures; not all will succeed, but if one does, it is a step forward in science worldwide. Secondly, it gives you a limited time period to be able to carry out further research, safety checks and recover, to some extent, the cost of the risks of investment in innovation.

COVID is a classic example: if our companies had not invested in research on Ebola, SARs and MERs, it would have taken much longer to get to where we are at today.

What do you enjoy most about your role at IFPMA?

Looking at an issue from an above-market basis while trying to find solutions for a market is thrilling. The people you engage with during this process are a delight; not all will agree with you, and that in and of itself makes you want to make your arguments more nuanced in order to address their concerns.

Within IFPMA, we have a great team, each one an expert, working across teams, looking at an issue from different angles. This is the best bit of our office dynamics.

more from across site and SHARED ros bottom lb

More from across our site

The appointments follow other recent moves in the European market as firms look to bolster their UPC offerings
Deborah Kirk discusses why IP and technology have become central pillars in transactions and explains why clients need practically minded lawyers
IP STARS, Managing IP’s accreditation title, reveals its latest rankings for patent work, including which firms are moving up
Leaders at US law firms explain what attorneys can learn from AI cases involving Meta and Anthropic, and why the outcomes could guide litigation strategies
Attorneys reveal the trademark and copyright trends they’ve noticed within the first half of 2025
Senior leaders at TE Connectivity and Clarivate explain how they see the future of innovation
A new action filed by Nokia against Asus and a landmark ruling on counterfeits by South Africa’s Supreme Court were also among the top talking points
Counsel explain how they’re navigating patent prosecution matters and highlight key takeaways from Federal Circuit cases
A partner who joined Fenwick alongside two others explains what drew her to the firm and her hopes for growth in Boston
The England and Wales High Court has granted Kirkland & Ellis client Samsung interim declaratory relief in its ongoing FRAND dispute with ZTE
Gift this article