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...

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...

Submission to the US International Trade Commission

On 17 June 2022, World Trade Organization (WTO) Members adopted a Ministerial Decision outlining flexibilities in the WTO’s Trade Related Aspects of Intellectual Property...

Never say never – Why the High Income Countries that opted-out from the Art....

To limit the ability of patent owners to charge excessive prices for patented medicines, countries can grant compulsory licences which permit others to produce...

EU Review of Pharmaceutical Incentives: Recommendations for Change

In 2016, the European Council decided it was time for a review of the incentives that the EU provides to companies that develop new...

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...

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...

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...

Current drafts of the WHO Pandemic Accord lack a provision for access to knowhow/trade...

Negotiations are currently taking place at the World Health Organization (WHO) to conclude a new pandemic agreement by May 2024. The objective of the...

CJEU Ruling on Truvada recalls ‘evergreening’ goes against public health interests

On 25th July 2018, the Court of Justice of the European Union (CJEU) rendered its preliminary ruling on the interpretation of Article 3(a) of Regulation...