Timing, Continuity, and Change in the Patent System

Thambisetty, Sivaramjani

doi:10.4337/9781849802062.00015

Cited by 2 publications

(3 citation statements)

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“…129 The case for the waiver argued it would cut through the thicket of multiple individual company, country and technology patents. 130 This profusion often frustrated effective use of such TRIPS flexibilities as compulsory licensing.…”

Section: Governancementioning

confidence: 99%

“…It at least has the virtue of collective action rather than relying on individual countries and it might be a precedent for quicker responses in the next crisis. 138 Even so, someone must be willing and able to produce and procure vaccines for the poor. That capacity must pre-exist; it cannot be built on the strength of one flexibility.…”

Section: Findings and Conclusionmentioning

confidence: 99%

“…140 They also stressed the need to take the waiver beyond patents to the companies' confidential production technologies. 141 The India-South Africa submission sought to extend the waiver to TRIPS protection of undisclosed information and test data. The final compromise was confined to patents.…”

Section: Findings and Conclusionmentioning

confidence: 99%

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Patents and other conditions of access to vaccines

Arup

Plahe

2023

World Intellectual Property

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This paper reviews the experience with access to vaccines during the pandemic. Its inquiry is the extent to which pharmaceutical patents have hindered or enhanced access when compared to other factors or conditions like health spending, manufacturing capacity, and regulatory competence. To conduct the review, the paper queries the regulatory governance perspective when it suggests a decentralised field of legal pluralism will maximise access. It recalls the pre-COVID-19 experience with antiretrovirals to provide pointers to the present situation. It then examines the experience with COVID vaccines under the headings of invention, production, procurement, and distribution. The review finds while patents may hinder access to vaccines, other, essential conditions for access, like independent manufacturing capacity and commitment to procurement, are not established. Regulatory governance must now adopt a much more concerted, coordinated approach, mobilising both patent regulation and other key conditions to further access. The review is an opportunity to gather some of the copious commentary on this issue.

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Section: Governancementioning

confidence: 99%

Section: Findings and Conclusionmentioning

confidence: 99%