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COVID-19 and intellectual property law: compulsory licensing and the access to COVID-19 treatment / Anaísa Correia de Oliveira

Main Author Oliveira, Anaísa Correia de Abstract This essay concerns the problematic of the access to Covid-19 treatment at an international scale and the role of Intellectual Property Law. As in past public health outbreaks, one of the most raised questions is the possibility of patent holder’s rights being an obstacle to accessing treatment. Since the beginning of the pandemic, Compulsory Licensing has been presented as the Intellectual Property Law mechanism capable of guaranteeing Covid-19 treatment globally and effectively. We propose to analyse this figure and its possible alternatives: Voluntary Licensing, Patent Pools and the Proposal to waive TRIPS Intellectual Property provision. We will then assess which is the most effective solution to overcome this humanitarian crisis without compromising the balance between the right to health and intellectual property rights. Analytic De legibus, n.º 1 (2021), pp. 95-110 Topical name Direito
Propriedade intelectual
Pandemia COVID-19
Patentes Form or physical characteristic Artigos em periódicos
Publicações em acesso aberto CDU 34(045) Online Resources Leia aqui este artigo
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Holdings
Item type Current location Call number Vol info Status Date due Barcode Item holds
Article Biblioteca Universidade Europeia (QBN)
Estante Periódicos 		34/DL/1 n.º 1 (2021), pp. 95-110 Presencial/Restrito UE24400e
Total holds: 0

This essay concerns the problematic of the access to Covid-19 treatment at an international scale and the role of Intellectual Property Law. As in past public health outbreaks, one of the most raised questions is the possibility of patent holder’s rights being an obstacle to accessing treatment. Since the beginning of the pandemic, Compulsory Licensing has been presented as the Intellectual Property Law mechanism capable of guaranteeing Covid-19 treatment globally and effectively. We propose to analyse this figure and its possible alternatives: Voluntary Licensing, Patent Pools and the Proposal to waive TRIPS Intellectual Property provision. We will then assess which is the most effective solution to overcome this humanitarian crisis without compromising the balance between the right to health and intellectual property rights.

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