Intellectual Property Rights in Times of Crisis

Hardback

Intellectual Property Rights in Times of Crisis

9781035323562 Edward Elgar Publishing
Edited by Jens Schovsbo, dr.jur., PhD, Professor of Intellectual Property Law, Center for Information and Innovation Law (CIIR), University of Copenhagen, Denmark
Publication Date: 2024 ISBN: 978 1 03532 356 2 Extent: 250 pp
The book investigates varying experiences from the pandemic, providing a unique prism for assessing how IP balances competing requirements of innovation and access in times of crisis. Providing novel insight into the underlying principles of IP and how these cope under extreme pressures, Intellectual Property Rights in Times of Crisis will be an ideal read for scholars and students of intellectual property as well as those with an interest in health law and disaster law and health care law.

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Critical Acclaim
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The latest in the esteemed ATRIP series, this discerning book considers how the global Intellectual Property (IP) system fared in response to the unprecedented global crisis accompanying the Covid-19 pandemic and what lessons can be learned and applied to other
crises.

The book investigates varying experiences from the pandemic, providing a unique prism for assessing how IP balances competing requirements of innovation and access in times of crisis. The chapters, from an impressive array of contributors, examine the role and function of the rules on patents, copyright and trade secrets both in securing vaccines and in
delivering much-needed access to cultural and educational material in a locked-down world, so doing through social, legal and political lenses.

Providing novel insight into the underlying principles of IP and how these cope under extreme pressures, Intellectual Property Rights in Times of Crisis will be an ideal read for scholars and students of intellectual property as well as those with an interest in health law and disaster law and health care law.
Critical Acclaim
‘If the COVID pandemic had a silver lining, it’s that it led us to reconsider exclusive rights as the principal mechanism for encouraging innovation. This book is a brilliant contribution to that analysis. In its pages, scholars from around the globe discuss flexibilities in the current IP regime and offer new approaches, both inside and outside that system, to improve access.’
– Rochelle Dreyfuss, New York University School of Law, US
Contributors
Contributors include: Klaus D. Beiter, Mikhalien du Bois, Sean Flynn, Faith Majekolagbe, Metka Potočnik, Giulia Priora, Jens Schovsbo, Agnieszka Sztoldman,
Angelia Jia Wang, Genevieve Wilkinson, Evana Wright, Peter K. Yu, Helen Yu, Cindy Zheng
Contents
Contents:

IPR in times of crisis – lessons learned from the Covid-19
pandemic: An introduction xi
Jens Schovsbo
1 The COVID-19 TRIPS waiver and the WTO Ministerial Decision 1
Peter K. Yu
2 Two decades after Doha: Compulsory licence and the
Waiver Proposal under the COVID-19 pandemic 26
Cindy Zheng and Angelia Jia Wang
3 Unblocking the human right to access the benefits of
science in the Covid-19 era 59
Genevieve Wilkinson and Evana Wright
4 Proactively ensuring access to essential medical solutions:
Lessons learned from the COVID-19 pandemic 83
Helen Yu
5 Patent pools: A licensing option for medicines and
vaccines in times of a crisis? 104
Agnieszka Sztoldman
6 Adequate remuneration for Crown use of patents: Some
guidance from constitutional property law 122
Mikhalien du Bois
7 Copyright and COVID 140
Sean M. Flynn
8 Do we need another copyright or another science? (Re)
interpreting the right to science for scholarly publishing 153
Klaus D. Beiter
9 An international instrument on copyright and educational
uses: Regulatory models and lessons 182
Faith Majekolagbe and Giulia Priora
10 Revitalising the UK music industries in the aftermath of
Covid-19: A feminist critique of music copyright 204
Metka Potočnik
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