Compulsory licensing of trade secrets: ensuring access to COVID-19 vaccines via involuntary technology transfer

Gurgula, Olga; Hull, John

doi:10.1093/jiplp/jpab129

Cited by 12 publications

(7 citation statements)

References 1 publication

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“…Paragraph 8 of the Ministerial Decision, 15 which permits WTO member states to extend its scope to therapeutics and diagnostics has not yet been activated, with many high income countries still resolutely opposed. Second, the Ministerial Decision only applies to vaccine patents and not know‐how and trade secrets, which are also essential to increasing manufacturing 17 . Accordingly, the Ministerial Decision has been widely condemned for failing to meet its stated objectives of encouraging additional production of pandemic response products.…”

Section: The Trips Waiver: Too Little Too Latementioning

confidence: 99%

Proposals to waive intellectual property rights for pandemic response products in the World Health Organization pandemic accord need Australia's support

Gleeson

Scheibner

Nicol

2023

Medical Journal of Australia

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Section: The Trips Waiver: Too Little Too Latementioning

confidence: 99%

Proposals to waive intellectual property rights for pandemic response products in the World Health Organization pandemic accord need Australia's support

Gleeson

Scheibner

Nicol

2023

Medical Journal of Australia

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“…326 Furthermore, scholars have suggested that compulsory licensing of trade secrets is not prohibited under international law, including TRIPS. 327 While multinational bounded entities serve a valuable function in guarding trade secrets, sometimes national imperatives justify at least limited forms of disclosure.…”

Section: Increasing the Effectiveness Of Multinational Bounded Entitiesmentioning

confidence: 99%

An Organizational Theory of International Technology Transfer

Lee

2023

SSRN Journal

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“…Second, the current compulsory license system may not work due to the complexity of the IP rights covering the COVID-19 vaccine technologies. Multiple patents and IP rights protect various aspects of these vaccines, such as their production processes, components and technologies 19–22. This complexity makes it difficult for governments and manufacturers to navigate the licensing process, ultimately slowing the vaccine supply to LDCs 23…”

Section: Review Of Critical Barriers To Vaccine Supply In Ldcsmentioning

confidence: 99%

Designing the global vaccine supply chain: balancing intellectual property rights with post COVID-19 vaccine equity

Park,

Lee,

et al. 2023

BMJ Glob Health

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This article aims to propose practical solutions that coordinate the conflicting interests between the global community and the pharmaceutical industry on the intellectual property (IP) waiver for COVID-19 vaccines and facilitate a more equitable vaccine supply chain in the post-COVID-19 world. We critically conducted a narrative literature review to identify procedural and practical issues in the current vaccine supply chain. The search was conducted across various academic disciplines, including biomedical science, life science, law and social science, using resources such as PubMed, Web of Science, Scopus and Westlaw. After screening 731 articles, 55 studies were selected for review. The narrative review revealed several critical barriers that hinder vaccine supply in less-developed countries (LDCs) as follows: (1) WTO Trade-Related Aspects of Intellectual Property Rights (TRIPs) waiver requests may not be granted due to its stringent consensus rule; (2) the current compulsory license system may not work due to the complexity of IP rights covering COVID-19 vaccine technologies; (3) only a few LDCs have domestic companies capable of manufacturing vaccines, and (4) political and economic tensions among countries exacerbate existing barriers to vaccine distribution in LDCs. Based on these findings, we proposed a comprehensive compulsory license system, which combines TRIPS’s compulsory license system with the third-party beneficiary mechanism under Common Law. This integrated approach offers a balanced solution that ensures fair compensation for vaccine developers while facilitating broader vaccine access.

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Compulsory licensing of trade secrets: ensuring access to COVID-19 vaccines via involuntary technology transfer

Cited by 12 publications

References 1 publication

Proposals to waive intellectual property rights for pandemic response products in the World Health Organization pandemic accord need Australia's support

Proposals to waive intellectual property rights for pandemic response products in the World Health Organization pandemic accord need Australia's support

An Organizational Theory of International Technology Transfer

Designing the global vaccine supply chain: balancing intellectual property rights with post COVID-19 vaccine equity

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