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Authors: Olga Gurgula and John Hull

Abstract: This paper considers how vaccine technology to meet the challenges of the COVID-19 pandemic can be made available to increase the production of the vaccines. Its primary focus is on trade secrets which are one of the main intellectual property rights protecting the complex manufacturing processes for vaccine production. The compulsory licensing of trade secrets presents some unique obstacles and consideration is given to some practical solutions which might balance the interests of technology owners and the public interest in increased access to vaccines. In particular, this paper suggests that to make the currently discussed proposals on accelerating the production of COVID-19 vaccines, including compulsory licensing of patents and the IP waiver, work an additional mechanism of compulsory licensing of trade secrets is required. It is believed that the proposal for a new mechanism of compulsory licencing of trade secrets coupled with the discussion on the content of such licences, challenges that would need to be addressed and the potential wording of such a licence, would provide a useful guidance to governments on how to make their compulsory technology transfer mechanisms more effective.

Citation: Gurgula, Olga and Hull, John, Compulsory Licensing of Trade Secrets: Ensuring Access to COVID-19 Vaccines via Involuntary Technology Transfer (June 23, 2021). Queen Mary Law Research Paper No. 363/2021, Available at SSRN: https://ssrn.com/abstract=3872796