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Author: Alison Slade
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
The role that intellectual property law has played in the development and delivery of Covid-19 vaccines has attracted a great deal of public attention, policy focus and academic commentary since early 2020. IP rights are simultaneously presented as a key driver of health inequities, as well as central in facilitating unprecedented cooperation in vaccine development. This paper contributes to two interrelated areas of this debate, both of which are central to understanding how IP rights should function in a pandemic context. The first is the role that IP rights play, contractually, in permitting or restricting access to protected technologies and associated knowledge. The second is the reward IP rights ought to hold for their owner when the technological development in question is funded by the state. It addresses these two questions through analysis of the terms and conditions included in the publicly accessible Advanced Purchase Agreements (APAs) concluded by the UK government and EU Commission for the supply of Covid-19 vaccines. We argue that these voluntary contractual arrangements are suitable mechanisms for controlling the exploitation of IP in exceptional circumstances to safeguard the wider public interest. In so doing, we first investigate the nature and scope of the IP and IP related contractual clauses included in the APAs concluded by the UK government and EU Commission. Access to commercially sensitive data is rare and the relative transparency of the Covid-19 purchasing arrangements permits an almost unprecedented opportunity to examine the legal arrangements in depth. We find that the nature and scope of the IP and IP-related contractual clauses included in the APAs concluded by the UK government and EU Commission maintain strong rights in favour of the suppliers, with limited safeguards in favour of states. Secondly, our study breaks new ground by examining the role that IP controls play in these procurement contracts, arguing that IP safeguards are vital, and should be a core part of APAs. Third, we situate our analysis in the context of incentive-based theories of IP rights. APAs are established mechanisms for incentivising research and development in areas where the market-based incentives of IP rights fail to achieve state policy objectives. In this role they act as alternatives to these rights. They also operate to reallocate risk away from the IP owner and on to the state. For both these reasons we conclude that the existing approach to advance purchase agreements is inadequate to address these concerns. We therefore argue that their use justifies restricting IP rights in those agreements beyond the limitations currently provided for in statutory IP regimes. Our work evidences a clear need for change - greater attention to controls over the exercise of IP rights is warranted.
Author: Alison Slade
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
The role that intellectual property law has played in the development and delivery of Covid-19 vaccines has attracted a great deal of public attention, policy focus and academic commentary since early 2020. IP rights are simultaneously presented as a key driver of health inequities, as well as central in facilitating unprecedented cooperation in vaccine development. This paper contributes to two interrelated areas of this debate, both of which are central to understanding how IP rights should function in a pandemic context. The first is the role that IP rights play, contractually, in permitting or restricting access to protected technologies and associated knowledge. The second is the reward IP rights ought to hold for their owner when the technological development in question is funded by the state. It addresses these two questions through analysis of the terms and conditions included in the publicly accessible Advanced Purchase Agreements (APAs) concluded by the UK government and EU Commission for the supply of Covid-19 vaccines. We argue that these voluntary contractual arrangements are suitable mechanisms for controlling the exploitation of IP in exceptional circumstances to safeguard the wider public interest. In so doing, we first investigate the nature and scope of the IP and IP related contractual clauses included in the APAs concluded by the UK government and EU Commission. Access to commercially sensitive data is rare and the relative transparency of the Covid-19 purchasing arrangements permits an almost unprecedented opportunity to examine the legal arrangements in depth. We find that the nature and scope of the IP and IP-related contractual clauses included in the APAs concluded by the UK government and EU Commission maintain strong rights in favour of the suppliers, with limited safeguards in favour of states. Secondly, our study breaks new ground by examining the role that IP controls play in these procurement contracts, arguing that IP safeguards are vital, and should be a core part of APAs. Third, we situate our analysis in the context of incentive-based theories of IP rights. APAs are established mechanisms for incentivising research and development in areas where the market-based incentives of IP rights fail to achieve state policy objectives. In this role they act as alternatives to these rights. They also operate to reallocate risk away from the IP owner and on to the state. For both these reasons we conclude that the existing approach to advance purchase agreements is inadequate to address these concerns. We therefore argue that their use justifies restricting IP rights in those agreements beyond the limitations currently provided for in statutory IP regimes. Our work evidences a clear need for change - greater attention to controls over the exercise of IP rights is warranted.
Author: Jens Schovsbo
Publisher: Edward Elgar Publishing
ISBN: 1035323575
Category : Law
Languages : en
Pages : 251
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Book Description
The book investigates varying experiences from the pandemic, providing a unique prism for assessing how IP balances competing requirements of innovation and access in times of crisis. Providing novel insight into the underlying principles of IP and how these cope under extreme pressures, Intellectual Property Rights in Times of Crisis will be an ideal read for scholars and students of intellectual property as well as those with an interest in health law and disaster law and health care law.
Author: World Intellectual Property Organization
Publisher: WIPO
ISBN: 9280523082
Category : Law
Languages : en
Pages : 259
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Book Description
This study has emerged from an ongoing program of trilateral cooperation between WHO, WTO and WIPO. It responds to an increasing demand, particularly in developing countries, for strengthened capacity for informed policy-making in areas of intersection between health, trade and IP, focusing on access to and innovation of medicines and other medical technologies.
Author: Ellen F. M. 't Hoen
Publisher:
ISBN: 9789079700851
Category :
Languages : en
Pages : 181
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Book Description
Millions of people around the world do not have access to the medicines they need to treat disease or alleviate suffering. Strict patent regimes introduced following the establishment of the World Trade Organization in 1995 interfere with widespread access to medicines by creating monopolies that keep medicines prices well out of reach for many. 0The AIDS crisis in the late nineties brought access to medicines challenges to the public?s attention, when millions of people in developing countries died from an illness for which medicines existed, but were not available or affordable. Faced with an unprecedented health crisis ? 8,000 people dying daily ? the public health community launched an unprecedented global effort that eventually resulted in the large-scale availability of low-priced generic HIV medicines. 0But now, high prices of new medicines - for example, for cancer, tuberculosis and hepatitis C - are limiting access to treatment in low-, middle and high-income countries alike. Patent-based monopolies affect almost all medicines developed since 1995 in most countries, and global health policy is now at a critical juncture if the world is to avoid new access to medicines crises. 0This book discusses lessons learned from the HIV/AIDS crisis, and asks whether actions taken to extend access and save lives are exclusive to HIV or can be applied more broadly to new global access challenges.
Author: Diego Oliva
Publisher: Springer Nature
ISBN: 3030697444
Category : Technology & Engineering
Languages : en
Pages : 594
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Book Description
This book presents a compilation of the most recent implementation of artificial intelligence methods for solving different problems generated by the COVID-19. The problems addressed came from different fields and not only from medicine. The information contained in the book explores different areas of machine and deep learning, advanced image processing, computational intelligence, IoT, robotics and automation, optimization, mathematical modeling, neural networks, information technology, big data, data processing, data mining, and likewise. Moreover, the chapters include the theory and methodologies used to provide an overview of applying these tools to the useful contribution to help to face the emerging disaster. The book is primarily intended for researchers, decision makers, practitioners, and readers interested in these subject matters. The book is useful also as rich case studies and project proposals for postgraduate courses in those specializations.
Author: Cristiana Sappa
Publisher: Edward Elgar Publishing
ISBN: 1803927267
Category : Law
Languages : en
Pages : 539
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Book Description
This insightful Research Handbook discusses how exclusive intellectual property rights can affect inclusivity within individual, community and business contexts. It employs urban and rural frameworks to provide a multidimensional view of contemporary inclusivity and its relationship with intellectual property.
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216
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Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author: World Intellectual Property Organization
Publisher: WIPO
ISBN: 9280517910
Category : Law
Languages : en
Pages : 230
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Book Description
The series of papers in this publication were commissioned from renowned international economists from all regions. They review the existing empirical literature on six selected themes relating to the economics of intellectual property, identify the key research questions, point out research gaps and explore possible avenues for future research.
Author: R. B. Nicholson
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 72
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Book Description
Author: National Research Council
Publisher: National Academies Press
ISBN: 0309064996
Category : Law
Languages : en
Pages : 365
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Book Description
Imagine sending a magazine article to 10 friends-making photocopies, putting them in envelopes, adding postage, and mailing them. Now consider how much easier it is to send that article to those 10 friends as an attachment to e-mail. Or to post the article on your own site on the World Wide Web. The ease of modifying or copying digitized material and the proliferation of computer networking have raised fundamental questions about copyright and patentâ€"intellectual property protections rooted in the U.S. Constitution. Hailed for quick and convenient access to a world of material, the Internet also poses serious economic issues for those who create and market that material. If people can so easily send music on the Internet for free, for example, who will pay for music? This book presents the multiple facets of digitized intellectual property, defining terms, identifying key issues, and exploring alternatives. It follows the complex threads of law, business, incentives to creators, the American tradition of access to information, the international context, and the nature of human behavior. Technology is explored for its ability to transfer content and its potential to protect intellectual property rights. The book proposes research and policy recommendations as well as principles for policymaking.