scholarly journals Patents, access to health and COVID-19 – the role of compulsory and government-use licensing in Ireland

2021 ◽  
Vol 72 (S1) ◽  
pp. 117-153
Author(s):  
Aisling McMahon
Keyword(s):  
Legal Framework ◽  
Patent Holder ◽  
Compulsory Licensing ◽  
Health Technologies ◽  
Access To Health ◽  
International Obligations ◽  
The Right ◽  
National Governments ◽  
Patented Inventions

As the race for effective vaccines and treatments for COVID-19 continues, attention must turn to how such health-technologies will be accessed globally once developed. Patents play a significant role in this context because they give the patent-holder the right to stop others using patented inventions. Patents are available on diagnostics, medicines and vaccines and could form significant access obstacles for COVID-19. Moreover, whilst many patent-holders may be willing to license health-technologies reasonably, others may not. Therefore, it is imperative that national governments ensure effective avenues exist to intervene with patent-holder discretion via compulsory licensing. This article focuses on the legal framework applicable in Ireland for such compulsory licensing interventions, interrogating the effectiveness of the current framework in alleviating access issues posed by patents for COVID-19. It demonstrates how the current framework could be reformed to make it more effective in tempering patent-holder control, where needed, whilst remaining in compliance with Ireland’s international obligations.

scholarly journals Patents, access to health and COVID-19 – The role of compulsory and government-use licensing in Ireland

2020 ◽  
Vol 71 (3) ◽  
pp. 331-358
Author(s):  
Aisling McMahon
Keyword(s):  
Legal Framework ◽  
Patent Holder ◽  
Compulsory Licensing ◽  
Health Technologies ◽  
Access To Health ◽  
International Obligations ◽  
The Right ◽  
National Governments ◽  
Patented Inventions

As the race for effective vaccines/treatments for Covid-19 develops, attention has turned to how such vaccines/treatments will be accessed globally. Patents play a significant role in this context because they give the patent-holder the right to stop others using patented inventions. Patents are available on medicines/vaccines and could form significant access obstacles for Covid-19. Moreover, whilst many patent-holders may be willing to license health-technologies reasonably, others may not. Therefore, it is imperative that national governments ensure effective avenues exist to intervene with patent-holder discretion via compulsory and government-use licensing. This article focuses on the legal framework applicable in Ireland for such compulsory licensing interventions, interrogating the effectiveness of this framework in alleviating access issues posed by patents for Covid-19. It demonstrates how the current framework could be reformed to make it more effective in tempering patent-holder control, where needed, whilst remaining in compliance with Ireland’s international obligations.

The Right to Freedom of Thought in the United Kingdom

2021 ◽  
pp. 1-25
Author(s):  
Frank Cranmer
Keyword(s):  
United Kingdom ◽  
Political Debate ◽  
The United Kingdom ◽  
Repeated Calls ◽  
Highly Sensitive ◽  
Domestic Legislation ◽  
International Obligations ◽  
Freedom Of Thought ◽  
The Right

Abstract The United Kingdom is bound by international obligations to uphold ‘the right to freedom of thought, conscience and religion’ and domestic legislation reflects those obligations. The courts have held that to be protected, a belief must genuine, must not be a mere opinion, must attain a certain level of cogency, seriousness and importance and must be ‘worthy of respect in a democratic society’. How this plays out, however, in areas such as education, children’s rights and employment is highly sensitive to the specific facts of each case – which are often inconsistent, as the article explains. Much of the article examines the decisions of the courts in individual cases. It concludes with a discussion of the possible trajectory of domestic political debate at a time when there have been repeated calls for a ‘British Bill of Rights’ and the Westminster Government is questioning more generally the constitutional role of the judiciary.

Divergence and Convergence of Royalty Determinations between Compulsory Licensing under the TRIPS Agreement and Ongoing Royalties as an Equitable Remedy

2020 ◽  
Vol 46 (1) ◽  
pp. 55-88
Author(s):  
David Shore
Keyword(s):  
Patent Litigation ◽  
Compulsory Licensing ◽  
Patent Rights ◽  
Greater Good ◽  
Court Mandated ◽  
Legal Frameworks ◽  
The Right ◽  
National Governments ◽  
Economic Considerations ◽  
Recent Policy

Patent rights are recognized as a property asset with an attendant right to exclude. However, recent policy developments highlight that the right to exclude is not inviolable. This paper explores two rapidly evolving exceptions to patent exclusivity, both of which take the form of compulsory licenses. First, under the international Agreement on Trade-Related Aspects of Intellectual Property Rights (“TRIPS”), national governments can compel patent owners to out-license technology in service of greater good. These egalitarian compulsory licenses improve access to technology but undermine patent value. Second, compulsory licenses are increasingly relied upon as an equitable remedy in U.S. patent litigation. Typically referred to as “ongoing royalties,” these court-mandated compulsory licenses are a modern alternative to injunctions against adjudged infringers. TRIPS compulsory licenses and ongoing royalties arise under independent legal frameworks, but necessarily invoke parallel economic considerations. While the wisdom of each has been discussed at length by others, this paper explores principles of royalty determination employed in each context. Considering both frameworks, an analysis of where each succeeds and fails is provided, together with an exploration of optimized royalty frameworks.

scholarly journals Domestic Courts and the Paris Agreement's Climate Goals: The Need for a Comparative Approach

2019 ◽  
Vol 9 (1) ◽  
pp. 37-54 ◽  
Author(s):  
Anna-Julia Saiger
Keyword(s):  
Climate Change ◽  
International Law ◽  
Comparative Approach ◽  
Protection Measures ◽  
Domestic Courts ◽  
Functional Understanding ◽  
International Obligations ◽  
International Climate ◽  
National Governments

AbstractDomestic courts enjoy generous attention in international political and legal climate change literature. As a result of the reluctance of national governments to pursue climate protection measures, courts are called on to enforce international climate goals. This article assesses two domestic climate change cases (the Thabametsi Case and the Vienna Airport Case) in the light of Anthea Roberts’ functional understanding of the role of domestic courts in international law. It argues that domestic courts play a pivotal role in linking international obligations of conduct with national obligations of result. This role depends on domestic contexts and, therefore, requires a comparative approach.

PP155 The Impact Of Lawsuits In The Brazilian Public Health System

2017 ◽  
Vol 33 (S1) ◽  
pp. 141-141
Author(s):  
Carla Biella ◽  
Viviane Pereira ◽  
Fabiana Raynal ◽  
Jorge Barreto ◽  
Vania Canuto ◽  
...  
Keyword(s):  
Public Health ◽  
Health Care ◽  
Health System ◽  
Public Health System ◽  
Scientific Evidence ◽  
Health Technology ◽  
Health Technologies ◽  
Access To Health ◽  
The Right ◽  
The Impact

INTRODUCTION:The increase of litigation in Brazil on the right to health, and the Brazilian Public Health System (SUS) targets of litigation, are phenomena that generate discussions both in the judiciary, and among researchers and managers of health. The lawsuits are based on the integrality that includes the right to any health technology. Our aim was to gather information on the use of scientific evidence by judges and other law professionals to support their decisions in lawsuits involving health care in Brazil.METHODS:A narrative review by literature search using key terms of legalization in specific databases was conducted.RESULTS:Twenty-five studies showed litigation matters relating to health care which were focused on legal claims about drugs. In general, law operators used the scientific evidences in a limited way when making decisions, by considering the medical report and medication label indications and disregarding therapeutic alternatives contemplated in the SUS list. The access to health technologies, by litigation, reveals that the gap between scientific knowledge and legal practice are similar to those found between science and decision-making in the formulation and implementation of health policies. The Health Technology Assessment studies have high potential for use by the judiciary as a reference source to support technical and scientific decisions in lawsuits on health care.CONCLUSIONS:For the judiciary to ensure not only access to health technologies, but also the efficacy and safety of technologies to system users, their decisions must be substantiated by scientific evidence. The National Committee for Health Technology Incorporation (CONITEC) in SUS has established actions in conjunction with law operators and society, such as a communication using e-mail, aiding the decision for the injunction and elaboration of technical reports and a policy brief, with the intention that the decisions are taken with the greatest possible knowledge about technologies provided by SUS, and based on scientific evidence.

Holding Intergovernmental Institutions to Account

2003 ◽  
Vol 17 (1) ◽  
pp. 69-80 ◽  
Author(s):  
Ngaire Woods
Keyword(s):  
World Bank ◽  
International Institutions ◽  
Political Accountability ◽  
The World Bank ◽  
The World ◽  
Internal Accountability ◽  
The Right ◽  
National Governments ◽  
Political Decisions

How can governments and peoples better hold to account international economic institutions, such as the WTO, the World Bank, and the IMF? This article proposes an approach based on public accountability, advocating improvements in four areas: constitutional, political, financial, and internal accountability.The argument for more accountability is made with two caveats: more accountability is not always good–it can be distorting and costly; and, enhancing the accountability of international institutions should not justify increasing their jurisdiction for the sake of reducing the role of national governments. Constitutional accountability poses limits on how the institutions expand their activities, requiring the active consent of all members and particularly those most affected by their activities. Political accountability requires that those who make decisions in the organizations are directly answerable to all member governments and not just to the most powerful ones. The institutions' uneven record and structure of financial accountability is addressed through a model of mutual restraint. Finally, the internal accountability should ensure that technical decisions are distinguishable from political decisions. A better matching of the right kinds of accountability to the activities of the organizations would improve both their effectiveness and legitimacy.

scholarly journals La Constitution canadienne et la protection des minorités ethniques

2005 ◽  
Vol 27 (1) ◽  
pp. 171-188
Author(s):  
José Woehrling
Keyword(s):  
Financial Cost ◽  
Canadian Charter ◽  
Minorités Ethniques ◽  
National Characteristics ◽  
International Obligations ◽  
The Right ◽  
Principle Of Territoriality ◽  
The Way

Canada's international obligations for protecting minorities imply non discrimination and the establishment of means for allowing minorities to preserve and perpetuate their national characteristics. The author deals with the scope and role of the Canadian Charter in recognizing the value of « multiculturalism. » He presents the various obstacles that lay in the way of exercising the right to multiculturalism such as the financial cost for achieving it and the principle of « territoriality. »

scholarly journals Rights of Interior Decoration Designer "A study in Light of UAE Federal Law No. 7 of 2002 on the Protection of Copyright and Neighboring Rights”

2019 ◽  
Vol 12 (2) ◽  
pp. 61
Author(s):  
Nada Zuhair Al – Feel
Keyword(s):  
Historical Development ◽  
Architectural Design ◽  
Legal Protection ◽  
Legal Framework ◽  
Federal Law ◽  
Interior Decoration ◽  
Definition Of ◽  
The Right ◽  
Technical Framework

This study includes the answer to the question that may be raised regarding the possibility of considering the design of the interior decoration as classified as protected works in the UAE law, and the consequent enjoyment by the designer of the literary and financial rights of the author. Paragraph 11 of UAE Federal Law No. 7 of 2002 on the protection of copyright and related rights refers to the design of decoration as one of the examples of the technical works mentioned by the legislator. The answer to the questions raised in this study is divided into two axes: the first is the technical framework and guarantee the historical development of the design, the role of the Arab design in the development of the design of the decoration and the definition of the designer and distinguish it from the architectural design. The second axis included the legal framework and included the conditions that must be met in the decoration design in order to enjoy legal protection, the rights of the decorator and then the legal protection of the right of the decorator.

scholarly journals Consumer Protection in the Digital Economy and Its Legal Challenges

2021 ◽  
Vol 11 (2) ◽  
pp. 686-700
Author(s):  
Phan Thi Thanh Thuy ◽  
-- --
Keyword(s):  
Business Models ◽  
Legal Framework ◽  
Digital Economy ◽  
Economic Effects ◽  
Economic Relationships ◽  
Legal Challenges ◽  
New Business ◽  
Legitimate Interests ◽  
The Right

The 21st century is the era of the digital economy and technological achievements. Digital business models have created unprecedented socio-economic relationships and quickly dominated the market share of traditional business models in the same industry. These new business models are praised for their economic effects. On the contrary, they are criticized as the parties involved and the relationships created seems to be moving away from the norms determined by applicable business laws. Facing with the digital economy and its business models, many governments are confused because they have not found yet the right way to adjust them. Regarding the relationships between the parties of digital business model, how to protect legitimate interests of consumers is one of the most essential legal issues that has attracted widespread attention. To answer this question, the article will examine and analyze the legal role of consumers in the relationship with other parties, thereby finding out the legal challenges and giving suggestions on building a legal framework to protect consumers in the digital economy.

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