E-DRUG: Overriding drug and medical technology patents for pandemic recovery: a legitimate move for high-income countries too.
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Katrina Perehudoff
Ellen'tHoen
Pascale Boulet
BMJ Global Health 2021;6:e005518.
http://dx.doi.org/10.1136/bmjgh-2021-005518
Summary
- Compulsory licenses are legal tools to override patent-protection on
medicines and medical technologies.
- Compulsory licenses can help scale up the production and lower prices of patent-protected medicines while still accounting for the patent holder's interests.
- Compulsory licensing is making a comeback in high-income countries as a negotiation strategy and a legal tool to remedy high prices and/or supply shortages of medicines and medical technologies.
- High-income countries that face potential legal hurdles (in world trade law and/or in the regulation of test data and market exclusivity) to effectively use compulsory licensing in the COVID-19 pandemic should consider taking measures now
Katrina Perehudoff PhD
Post Doctoral Research Fellow in European and Global Health
Faculty of Law, University of Amsterdam, Netherlands
Post Doctoral Assistant Department of Public Health &
Primary Care, Ghent University, Belgium
Affiliated with:
Amsterdam Centre for European Law & Governance at the University of
Amsterdam, Amsterdam Institute for Global Health & Development
WHO Collaborating Centre for Governance, Accountability, and Transparency
in the Pharmaceutical Sector at the University of Toronto
Katrina Perehudoff <katrina.perehudoff@gmail.com>