Day January 6, 2023

Compelling Trade Secret Transfers

[David S. Levine and Joshua D. Sarnoff] Abstract: The unprecedented COVID-19 virus has brought to the forefront many challenges associated with exclusive rights in information, data, and know-how, all of which may constitute protected trade secrets. While patents have received more attention, trade secret information has limited the ability to perform research, develop, test, gain regulatory approval for, manufacture, and distribute globally and at sufficient scale and affordable prices the needed vaccines, therapeutics, diagnostics, medical devices, and personal protective equipment. Voluntary licensing efforts have proven inadequate to supply pandemic needs. Thus, compelling the transfer or licensing of trade secrets is needed to properly address COVID-19, but more importantly, to address future pandemics and other serious global problems such as climate change.

USTR Requests International Trade Commission Study of COVID-19 Diagnostics and Therapeutics

[Mike Palmedo] U.S. Trade Representative Katherine Tai has requested that the International Trade Commission conduct a study on the market dynamics of COVID-19 diagnostics and therapeutics. She is requesting a wide variety of subtopics be included in the report, including "The relationship between patent protection and innovation in the health sector and between patent protection and access to medicine in LICs, LMICs, UMICs, and HICs; "Actions taken by WTO Members to use or attempt to use compulsory licenses for the production, importation, or exportation of pharmaceutical products and the outcomes of those actions, including the effect on product access, innovation, and global health"