The WTO and the Covid‐19 “Vaccine Apartheid”: Big Pharma and the Minefield of Patents
Politics and Governance, 2023 Unequal access to vaccines for the Covid-19 pandemic, also referred to as “vaccine apartheid,” has marginalized low-income countries again. In October 2020, India and South Africa proposed a temporary waiver from certain provisions of the TRIPS Agreement
Stéphane Paquin +1 more
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Could international compulsory licensing reconcile tiered pricing of pharmaceuticals with the right to health? [PDF]
, 2014 BACKGROUND: The heads of the Global Fund and the GAVI Alliance have recently promoted the idea of an international tiered pricing framework for medicines, despite objections from civil society groups who fear that this would reduce the leeway for ...
Forman, Lisa +3 more
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Compulsory licensing and access to drugs [PDF]
The European Journal of Health Economics, 2014 Compulsory licensing allows the use of a patented invention without the owner's consent, with the aim of improving access to essential drugs. The pharmaceutical sector argues that, if broadly used, it can be detrimental to innovation. We model the interaction between a company in the North that holds the patent for a certain drug and a government in ...
Stavropoulou, C, VALLETTI, TOMMASO MARIA
openaire +4 more sources
TRIPS, eBay, and Denials of Injunctive Relief: Is Article 31 Compliance Everything? [PDF]
, 2009 In eBay, Inc. v. MercExchange, L.L.C., the Supreme Court held that decisions to grant injunctive relief must accord with the traditional principles of equity, thereby invalidating the practice of generally granting permanent injunctions to patentees upon
Mace, Andrew C.
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Implikasi Pasal-Pasal Pelindung (The Trips Safeguards) dalam UU Paten Indonesia: Kritik, Evaluasi dan Saran dari Perspektif Akses terhadap Obat yang Murah dan Terjangkau [PDF]
, 2007 The discussion about access to essential medicine issues nowadays cannot be separated from the TRIPS Agreement. The TRIPS Agreement is important because one of its provisions (Article 27) deals with the protection of pharmaceutical patent which has a ...
Utomo, T. S. (Tomi)
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Compulsory Licensing of Patented Pharmaceutical Inventions: Evaluating the Options [PDF]
, 2009 In this Comment, the author traces the relevant legislative history pertaining to compulsory licensing of patented pharmaceuticals from the TRIPS Agreement of 1994 to the 2003 waiver to, and later proposed amendment of, article 31, which enables poor ...
Arezzo +22 more
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, 2021 Compulsory licensing is a statutorily created nonexclusive license by the competent authority granted to a third party to make, use, or sell an invention, where remuneration is paid to the right holder and the right holder maintains his legal intellectual property rights.
openaire +2 more sources
[Un]happy Together: Why the Supremacy Clause Preempts State Law Digital Performance Rights in Radio-Like Streaming of Pre-1972 Sound Recordings [PDF]
, 2015 Lovers of the music of Frank Sinatra, Elvis Presley, Etta James, and hundreds of other recording artists whose records were made before February 15, 1972, may soon have a hard time hearing these great artists on any satellite or Internet radio service ...
Ross, Julie L.
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Welfare effects of compulsory licensing [PDF]
Journal of Regulatory Economics, 2015 This paper derives necessary and sufficient conditions for compulsory licensing to increase consumer surplus and total welfare, taking into account both static (technology transfer) and dynamic (innovation) effects. When the risk-free rate is low, compulsory licensing is shown unambiguously to increase consumer surplus.
openaire +3 more sources
THE THEORY OF ESSENTIAL FACILITIES. THE PRINCIPLE OF ACCESS TO INVENTION IN CASE OF ABUSIVE REFUSAL TO LICENSE [PDF]
Challenges of the Knowledge Society, 2015 Essential facilities designate specific inputs which are essential for the production of other downstream goods. Inputs are situated upstream and so are eligible for intellectual property protection.
Irina CUCER LISNIC
doaj