Realization of Public Interest under Compulsory Licensing System of Drug Patents in China

2019 ◽  
Vol 21 ◽  
pp. 109-132
Author(s):  
Yu-Hong Bo
Keyword(s):  
Public Interest ◽  
Compulsory Licensing ◽  
Drug Patents

scholarly journals Proposals for copyright law and education during the COVID-19 pandemic

2021 ◽  
Vol 71 (4) ◽  
pp. 571-594
Author(s):  
Emily Hudson ◽  
Paul Wragg
Keyword(s):  
Open Access ◽  
Public Interest ◽  
Copyright Infringement ◽  
Copyright Law ◽  
Open Access Publishing ◽  
Educational Institutions ◽  
Academic Publishing ◽  
Fair Dealing ◽  
Compulsory Licensing ◽  
Catastrophic Impact

This article asks whether the catastrophic impact of the COVID-19 pandemic justifies new limitations or interventions in copyright law so that UK educational institutions can continue to serve the needs of their students. It describes the existing copyright landscape and suggests ways in which institutions can rely on exceptions in the Copyright, Designs and Patents Act 1988 (CDPA), including fair dealing and the exemption for lending by educational establishments. It then considers the viability of other solutions. It argues that issues caused by the pandemic would not enliven a public interest defence to copyright infringement (to the extent this still exists in UK law) but may be relevant to remedies. It also argues that compulsory licensing, while permissible under international copyright law, would not be a desirable intervention, but that legislative expansion to the existing exceptions, in order to encourage voluntary collective licensing, has a number of attractions. It concludes by observing that the pandemic highlights issues with the prevailing model for academic publishing and asks whether COVID may encourage universities to embrace in-house and open access publishing more swiftly and for an even greater body of material.

Drug Patents and Compulsory Licensing

1946 ◽  
Vol 24 (23) ◽  
pp. 3174-3176
Author(s):  
THEODORE G. KLUMPP
Keyword(s):  
Compulsory Licensing ◽  
Drug Patents

scholarly journals The COVID-19 Pandemic: Stress Test for Intellectual Property and Pharmaceutical Laws

2021 ◽  
Author(s):  
Andreas Oser
Keyword(s):  
Public Interest ◽  
Data Protection ◽  
Stress Test ◽  
Legal Framework ◽  
Patent Law ◽  
Market Exclusivity ◽  
Compulsory Licensing ◽  
The Public ◽  
Emergency Situations ◽  
Legal Provisions

Abstract The COVID-19 pandemic poses a challenge to certain standards in patent law as well as in pharmaceutical law. This paper discusses questions as to whether and under what conditions government-ordered or privately claimed compulsory licensing can contribute to controlling the pandemic. The existing obstacles and conflicts under the current legal framework, such as a lack of international harmonization and a lack of coherence between patent law (compulsory licensing) and pharmaceutical law (data protection), are outlined and discussed. A possible solution could lie in a modernization of relevant legal provisions to create an internationally harmonized balance between the public interest in using important patents in the present and in future emergency situations and the interest of patent owners and data and market exclusivity holders in allowing exemptions within clearly defined limits. The article concludes with a discussion of conditions that may influence possible solutions.

Building national initiatives of compulsory licences

2015 ◽  
Vol 14 (1) ◽  
pp. 23-48 ◽  
Author(s):  
Thaddeus Manu
Keyword(s):  
Developing Countries ◽  
Public Interest ◽  
Dispute Settlement ◽  
World Trade Organisation ◽  
Patent Law ◽  
Content Type ◽  
Compulsory Licensing ◽  
The Public ◽  
National Initiatives ◽  
Bayer Corporation

Purpose – The purpose of this paper is to examine the extent to which developing countries could build national initiatives of compulsory licences. Design/methodology/approach – The focus of this article is only on developing countries. The author reflects on the Indian patent jurisprudence regarding the operational relationship between the general principles applicable to working of patented inventions locally and the grant of compulsory licences. The discussion that follows is based on a review of the case: Bayer Corporation versus Natco Pharma with a view to presenting a model for developing countries to maintain that the public interest principle of patent law is well-founded in their domestic patent regimes. Findings – The analysis confirms that failure to work locally continues to be abusive of the patent right under the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement, and remains a valid condition on which to grant a compulsory licence. Thus, this reverses the often-contrary misconception that has become almost a unanimous assumption that failure to work basis for granting compulsory licensing would violate Article 27(1) of TRIPS and its enforcement provisions on patent. Originality/value – The author argues that as no member state has challenged the legality of Indian’s decision in the World Trade Organisation, under the dispute settlement understanding (DSU) system is more supportive of the contention that failure to work locally continues to be permissible under TRIPS and remains valid conditions on which member states can grant compulsory licences. This further adds weight to the understanding that nothing in the light of TRIPS would, in fact, preclude any possibility of developing countries amending their patent laws accordingly to maintain that the public interest principle underlining patent law is well-founded in their domestic patent regimes.

scholarly journals Proposals for copyright law and education during the COVID-19 pandemic

2020 ◽  
Vol 71 (4) ◽  
pp. OQ35-OA58
Author(s):  
Emily Hudson ◽  
Paul Wragg
Keyword(s):  
Open Access ◽  
Public Interest ◽  
Copyright Infringement ◽  
Copyright Law ◽  
Open Access Publishing ◽  
Educational Institutions ◽  
Academic Publishing ◽  
Fair Dealing ◽  
Compulsory Licensing ◽  
Catastrophic Impact

This article asks whether the catastrophic impact of the COVID-19 pandemic justifies new limitations or interventions in copyright law so that UK educational institutions can continue to serve the needs of their students. It describes the existing copyright landscape and suggests ways in which institutions can rely on exceptions in the Copyright, Designs and Patents Act 1988 (CDPA), including fair dealing and the exemption for lending by educational establishments. It then considers the viability of other solutions. It argues that issues caused by the pandemic would not enliven a public interest defence to copyright infringement (to the extent this still exists in UK law) but may be relevant to remedies. It also argues that compulsory licensing, while permissible under international copyright law, would not be a desirable intervention, but that legislative expansion to the existing exceptions, in order to encourage voluntary collective licensing, has a number of attractions. It concludes by observing that the pandemic highlights issues with the prevailing model for academic publishing and asks whether COVID may encourage universities to embrace in-house and open access publishing more swiftly and for an even greater body of material.

scholarly journals The Legislative Approach and System Improvement of China’s Compulsory Licensing for Drug Patents

2021 ◽  
Vol Volume 15 ◽  
pp. 3717-3731
Author(s):  
Zhang Cao ◽  
Yichao Chen ◽  
Wenjie Jiang ◽  
Wei Li
Keyword(s):  
Compulsory Licensing ◽  
System Improvement ◽  
Drug Patents

scholarly journals Proposals for copyright law and education during the COVID-19 pandemic

2021 ◽  
Vol 72 (S1) ◽  
pp. 154-185
Author(s):  
Emily Hudson ◽  
Paul Wragg
Keyword(s):  
Open Access ◽  
Public Interest ◽  
Copyright Infringement ◽  
Copyright Law ◽  
Open Access Publishing ◽  
Educational Institutions ◽  
Academic Publishing ◽  
Fair Dealing ◽  
Compulsory Licensing ◽  
Catastrophic Impact

This article asks whether the catastrophic impact of the COVID-19 pandemic justifies new limitations or interventions in copyright law so that UK educational institutions can continue to serve the needs of their students. It describes the existing copyright landscape and suggests ways in which institutions can rely on exceptions in the Copyright, Designs and Patents Act 1988 (CDPA), including fair dealing and the exemption for lending by educational establishments. It then considers the viability of other solutions. It argues that issues caused by the pandemic would not enliven a public interest defence to copyright infringement (to the extent this still exists in UK law) but may be relevant to remedies. It also argues that compulsory licensing, while permissible under international copyright law, would not be a desirable intervention, but that legislative expansion to the existing exceptions, in order to encourage voluntary collective licensing, has a number of attractions. It concludes by observing that the pandemic highlights issues with the prevailing model for academic publishing and asks whether COVID may encourage universities to embrace in-house and open access publishing more swiftly and for an even greater body of material.

scholarly journals Technology Development Through Pooling ARV Drug Patents: A Vision from China

2010 ◽  
Vol 4 (1) ◽  
pp. 54-59 ◽  
Author(s):  
Li Liu ◽  
Hongzhou Lu
Keyword(s):  
Generic Drug ◽  
Patent Protection ◽  
Technology Development ◽  
Generic Drugs ◽  
Patent Application ◽  
Chinese Government ◽  
Compulsory Licensing ◽  
Drug Companies ◽  
Patent Pool ◽  
Drug Patents

Unaffordable prices still bar the end-users in China from accessing ARV drugs. Patent protection of ARV drugs has dramatically limited the availability of these lifesaving drugs to AIDS patients in China. The way Chinese government can go to breakthrough the ARV drug patents are suggested as: -  Make more generic drugs available through compulsory licensing, impartment from other countries or building ARVs plants by partnerships between governments or generic drug companies. -  Do a thorough and detailed research on the patent application of ARV drugs to find out the loophole. -  Try patent pool to make AIDS medicines more affordable and appropriate for patients.

Compulsory Licensing of Drug Patents: Three Comments

1984 ◽  
Vol 10 (1) ◽  
pp. 74 ◽  
Author(s):  
James J. McRae ◽  
Francis Tapon ◽  
P. K. Gorecki ◽  
Douglas G. Hartle
Keyword(s):  
Compulsory Licensing ◽  
Drug Patents
Sign in / Sign up

Export Citation Format

Share Document