How patents, data exclusivity and SPCs interact to extend market exclusivity of medicines: the...

Patents usually confer 20-year exclusive rights on inventions. Data exclusivity laws confer, depending on the country, 5 to 10 years’ exclusive rights over safety...

The European Parliament has now explicitly acknowledged the know-how problem too: time to include...

This technical briefing note is also available as a PDF here. We have been calling attention to the problem of sharing know-how necessary for the...

Opmerkingen bij de notitie Dwanglicenties van B.J. Bruins, Minister voor Medische Zorg.

Op 15 juni 2018 stuurde Minister Bruins een notitie over dwanglicenties aan de Tweede Kamer. In deze briefing maken wij een aantal voorlopige opmerkingen...

The EU proposed Covid waivers of certain TRIPS rules are mostly meaningless

Since October 2020, discussions have been ongoing at the World Trade Organization’s Trade-Related Aspects of Intellectual Property Rights (TRIPS) Council about a waiver of...

What is the ‘know-how gap’ problem and how might it impact scaling up production...

This entire article is also available as a PDF by clicking here. 1. Introduction. How relevant are concerns about intellectual property rights causing problems for...

Sharing know-how/trade secrets during a pandemic: We must be planning for it now

Medicines Law & Policy has recently proposed a provision for inclusion in the draft WHO  pandemic instrument currently being discussed in Geneva (here and...

Proposed TRIPS waiver a hollow diplomatic compromise with little practical impact

In October of 2020, 9 months into the pandemic, fearing conflicts over intellectual property (IP) related to medical measures to fight the pandemic,  India...

Advanced Purchase Agreements for Covid-19 Vaccines: Do they ensure Global Public Good?

Advanced Purchase Agreements (APAs) were part of a strategy to provide upfront financing for Covid-19 vaccines and to accelerate their development and availability. Since...

Lessons for a pandemic preparedness treaty from previous successes and failures with treaty-based technology...

This post can also be downloaded as a PDF here. 1.      Introduction Scaling-up production of new vaccines to provide many billions of doses on a time-scale...

Brazil’s Federal Court Reviews Medicines Mailbox Patents

This week the media reported that the Brazilian federal court removed the patent protection for eculizumab, sold under the brand name Soliris by Alexion...