The COVID-19 Vaccine Patent Waiver: The Wrong Tool for the Right Goal
Should a waiver be issued, there is no legal mechanism that can compel the transfer of certain types of know-how or trade secrets.
Intellectual Property
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Read more: The COVID-19 Vaccine Patent Waiver: The Wrong Tool for the Right Goal -
Read more: 4 Things to Know About Intellectual Property, Patent Pledges, and COVID-19 Vaccines 4 Things to Know About Intellectual Property, Patent Pledges, and COVID-19 Vaccines
The vaccine shortage might have less to do with intellectual property, and more to do with financial incentives.
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Read more: Pharmaceutical Patents on Manufacturing Methods: Groundless or Well-Supported? Pharmaceutical Patents on Manufacturing Methods: Groundless or Well-Supported?
Are manufacturing method patents warranted intellectual property protections, or groundless obstacles to competition?
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Read more: When “Pay-for-Delay” Becomes “Delay-Without-Pay”: Humira Antitrust Claims When “Pay-for-Delay” Becomes “Delay-Without-Pay”: Humira Antitrust Claims
In this post, I explore several problematic aspects of the court’s reasoning for rejecting the claims of pay-for-delay and market allocation.
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Read more: Year in Review: Biosimilars Year in Review: Biosimilars
In November 2020, the FDA released its most recent draft guidance for industry on biosimilarity and interchangeability
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Read more: Clash of Titans? A Brewing Dispute between Telehealth Giants Clash of Titans? A Brewing Dispute between Telehealth Giants
Competition between telehealth providers spilled into open conflict last month, as incumbent Teladoc filed a patent infringement suit against Amwell.
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Read more: Compulsory Licensing for Pharmaceuticals in the EU: A Reality Check Compulsory Licensing for Pharmaceuticals in the EU: A Reality Check
To secure widespread access to a COVID-19 vaccine, many countries plan to seek refuge in a long-existing strategy: compulsory licensing.
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Read more: Deconstructing Moderna’s COVID-19 Patent Pledge Deconstructing Moderna’s COVID-19 Patent Pledge
In the high-stakes market for COVID-19 vaccines, it is worth considering what motivates a private firm to relinquish valuable IP rights.
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Read more: Patent Fakes: How Fraudulent Inventions Threaten Public Health, Innovation, and the Economy Patent Fakes: How Fraudulent Inventions Threaten Public Health, Innovation, and the Economy
What if you have a great idea for a new technology, but never actually create it, test it, or determine that it works? Is that patentable?
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Read more: COVID-19 Highlights Need for Rights to Repair and Produce in Emergencies COVID-19 Highlights Need for Rights to Repair and Produce in Emergencies
The pandemic makes a stronger case for the need to explicitly incorporate into our legal system a right to repair and supply products in emergencies.
