Advocating for a world where intellectual
property law serves the public interest.

South Centre Research Paper no. 107: Guide for the Granting of Compulsory Licenses and Government Use of Pharmaceutical Patents

[Carlos M. Correa] Like other rights, patent rights are not absolute. There are situations in which their exercise can be limited to protect public interests. Such situations may arise, for instance, when access to needed pharmaceutical products must be ensured. Compulsory licenses and government use for non-commercial purposes are tools, provided for under most laws worldwide, that can specifically be

Pharmaceutical Monopolies, Hostility to Global Cooperation, Limited Production Threaten Coronavirus Response

[Public Citizen] Open science, ramped-up manufacturing, fair pricing and sharing of technology, among other actions, are urgently needed to reduce loss of life during the coronavirus (COVID-19) pandemic, 254 groups including Public Citizen said today. The groups released a list of principles calling for action from governments, international agencies, manufacturers, donors and development partners.

Federal Court of Appeal Deals Access Copyright Huge Blow As It Overturns York University Copyright Decision

The Federal Court of Appeal delivered its long-awaited decision the York University v. Access Copyright case yesterday, setting aside the lower court ruling that I had described as “a complete victory” for Access Copyright. The latest ruling will not leave York University and the education community completely happy given the court’s fair dealing analysis, but winning on the mandatory tariff

Rethinking R&D for Pharmaceutical Products After the Novel Coronavirus COVID-19 Shock

[Germán Velásquez] The unprecedented global health crisis caused by the coronavirus –COVID-19– pandemic, during the first quarter of 2020, brings back with particular urgency the discussion about the research and development (R&D) model for pharmaceuticals and other health technologies. The COVID-19 crisis shows that there is an urgent need to re-design the global public health governance for health R&D. The

From Flexible Balancing Tool to Quasi-Constitutional Straitjacket – How the EU Cultivates the Constraining Function of the Three-Step Test

[Martin Senftleben] Abstract: In the international intellectual property (IP) arena, the so-called “three-step test” regulates the room for the adoption of limitations and exceptions (L&Es) to exclusive rights across different fields of IP. Given the openness of the individual test criteria, it is tempting for proponents of strong IP protection to strive for the fixation of the meaning of the

Amazon, Facebook, Hewlett Packard Enterprise, IBM, Microsoft, and Sandia National Laboratories join “Open COVID Pledge” to make patents freely available in the fight against COVID-19

[Open COVID Pledge Press Release] Amazon, Facebook, Hewlett Packard Enterprise (HPE), IBM, Microsoft, and Sandia National Laboratories announced today that they are joining the Open COVID Pledge by making all of their patents freely available to the public for use in the fight against COVID-19. Together, the group holds hundreds of thousands of patents and is offering to grant a