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

The Divisional Game: Using Procedural Rights to Impede Generic/Biosimilar Market Entry

[Katarina Foss-Solbrekk] Abstract: Despite being used frequently by practitioners in a wide array of technical fields, divisional patent applications (“divisionals”) seldom attract scholarly attention. The lack of scholarly attention is an error, particularly in the pharmaceutical field. Recent case law in the UK reveals that after generic/biosimilar manufacturers successfully revoke patents standing in the way of market entry, divisionals claiming

Territorial and Indirect Territorial Coverage ViiV/MPP CAB-LA License

[Brook Baker] The voluntary licensing agreement reached between ViiV and the Medicines Patent Pool for long-acting cabotegravir has received significant media attention, criticism, and protests because of the millions of people excluded from direct or indirect access to in upper-middle-income countries excluded from the license. ... One aspect of the licenses that has not yet received much attention is the

Study on EU Copyright and Related Rights and Access To and Reuse of Data

[Martin Senftleben] Executive Summary: To safeguard freedom of expression and information, and the freedom of sciences, of researchers,[1] it is important to improve the legal framework for scientific research in copyright, related rights and sui generis database law. In particular, it is important to remove imbalances that pose obstacles to data access and reuse. Article 5(3)(a) of the Information Society

International Copyright Flexibilities for Prevention, Treatment and Containment of COVID-19

[Sean Flynn, Erica Nkrumah and Luca Schirru] Abstract: Most policymaking attention with respect to intellectual property barriers to COVID-19 prevention, treatment and containment has been focused on patents. This focus is reflected in the World Trade Organisation (WTO) Ministerial Decision on the TRIPS Agreement, adopted on 17 June 2022, which provides a limited waiver of TRIPS rules on compulsory licences

Rules of Engagement: Copyright and Automated Gatekeepers’ Influence on Creative Expression

[Michael Carroll] Abstract: This Essay turns questions about artificial intelligence and copyright law around. Rather than focus on algorithms as potential authors, this Essay argues for more attention to the role of algorithms as gatekeepers on social media and how creators adapt their creative choices to meet the demands of these automated tastemakers. Using TikTok’s “For You” algorithm and its

IP Reveries: Class 3: Parsing the P -‘Property’ of IPR

[Lokesh Vyas and Swaraj Paul Barooah] The IP Reveries series is an experimental ‘fun’ series set in an imaginary classroom where we are using a dialogue format to raise questions and discussions around IP that traditionally don’t find a place to get voiced either due to long standing assumptions, or due to being seen as ‘too trivial’ to discuss in