patent waivers and incentives to innovate
Katarzyna Kostka (Author), Mitja Kovač (Author)

Abstract

Although continents recently experienced an apocalyptic pandemic that posed a mortal danger to millions of people, a new, even deadlier pandemic could soon emerge… The paper seeks to address the role played by patent waivers and current contractual arrangements in the pharmaceutical industry in addressing the dangers caused by the current and future pandemics. The process of waiving patents is explored where it is argued that it sadly cannot amount to the knight in shining armour that everyone has been expecting. Due to the lack of coordination, the tremendously long process, and the potential block in innovation arising from pharmaceutical companies having smaller incentives, more attention must be paid to other alternative institutional solutions. Drawing from the economics literature on innovation in the pharmaceutical sector, a conceptual framework is proposed for improved legal intervention in the case of patent waivers in international intellectual property law instruments. In addition, the paper provides a comparative law and economics treatment of current patent waivers in US, EU, and international law instruments.

Keywords

pandemija;inovacije;intelektualna lastnina;pandemic;innovations;intelectual property;

Data

Language: English
Year of publishing:
Typology: 1.01 - Original Scientific Article
Organization: UL EF - Faculty of Economics
UDC: 346
COBISS: 169281539 Link will open in a new window
ISSN: 2545-384X
Views: 32
Downloads: 2
Average score: 0 (0 votes)
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Other data

Secondary language: Slovenian
Secondary keywords: pandemija;inovacije;intelektualna lastnina;
Type (COBISS): Article
Pages: str. 239-278
Volume: ǂVol. ǂ54
Issue: ǂiss. ǂ3
Chronology: 2023
DOI: 10.31743/recl.15503
ID: 24561917
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