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The COVID-19 Pandemic and the TRIPS Waiver: Patents and Flexibility.
Lawson, Charles; Rourke, Michelle.
  • Lawson C; Griffith Law School, Griffith University, Parklands Queensland 4222.
  • Rourke M; CSIRO Synthetic Biology Future Science Research Fellow, Law Futures Centre, Griffith Law School, Griffith University, Nathan Queensland 4111.
J Law Med ; 29(3): 663-676, 2022 Aug.
Article in English | MEDLINE | ID: covidwho-2011820
ABSTRACT
The World Trade Organization's Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) provides for global minimum standard patents. These patents potentially limit access to products and processes for the surveillance, tracking, diagnosis and treatment of COVID-19. A possible solution currently under consideration is a TRIPS waiver of the implementation, application and enforcement for the prevention, containment or treatment of COVID-19. This article addresses the ways that TRIPS patents might be mediated including through TRIPS flexibilities. The article argues that there are sufficient means of derogating from patents (and potentially copyright, industrial designs and undisclosed information), although they alone will not resolve the access problems. The article concludes that the key patent problem is the transfer of know-how and that developing new ideas about addressing these patent know-how transfers is the presently unaddressed challenge.
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Collection: International databases Database: MEDLINE Main subject: Intellectual Property / COVID-19 Type of study: Observational study Limits: Humans Language: English Journal: J Law Med Journal subject: Jurisprudence Year: 2022 Document Type: Article

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Collection: International databases Database: MEDLINE Main subject: Intellectual Property / COVID-19 Type of study: Observational study Limits: Humans Language: English Journal: J Law Med Journal subject: Jurisprudence Year: 2022 Document Type: Article