Journal of Intellectual Property Law
Abstract
Intellectual property laws have been in tension with the creation of innovation for the public good since their inception. Many intellectual property concepts such as patents create an opportunity for ownership of invention, which in the general market and in typical life circumstances, has the power to aid innovation and work successfully in the market. However, in times of emergency, intellectual property can create a roadblock that costs human life. As highlighted in the current COVID-19 pandemic, intellectual property laws have the power to act as a hinderance to the innovation of lifesaving treatments by not allowing information to be passed quickly enough or by not providing vital information to low-income countries. Patent pools provide one way to combat this tension between intellectual property laws and the public good. Patent pools started as a tool to further the creation of the sewing machine in 1856. Real-life examples such as the Medicines Patent Pool or the COVID-19 Technology Access Pool show that patent pools can be successful in sharing this vital information. This Note argues that mandatory patent pools should be used as a tool in public health emergencies to help share lifesaving information where time is limited.
Recommended Citation
Emma Whitmore,
A Patent Pool-Party: Changing the Current Use of Patent Pools for Treatment Innovation in Public Health Emergencies,
31
J. Intell. Prop. L.
354
(2024).
Available at:
https://digitalcommons.law.uga.edu/jipl/vol31/iss2/8