Return of Benefit to Society of Publicly Funded Innovations to Combat COVID-19

In response to the COVID-19 pandemic, significant public funds have been invested worldwide into the research, development, and manufacturing of pharmaceutical products to combat the novel coronavirus. Traditionally, intellectual property (IP) rights have been justified in the pharmaceutical sector...

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Autor principal: Helen Yu BSc, JD, PhD
Formato: article
Lenguaje:EN
Publicado: SAGE Publishing 2021
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Acceso en línea:https://doaj.org/article/3c325e7f15c64ba1b3d4d978dde48b92
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spelling oai:doaj.org-article:3c325e7f15c64ba1b3d4d978dde48b922021-12-02T23:03:48ZReturn of Benefit to Society of Publicly Funded Innovations to Combat COVID-190046-95801945-724310.1177/00469580211059734https://doaj.org/article/3c325e7f15c64ba1b3d4d978dde48b922021-11-01T00:00:00Zhttps://doi.org/10.1177/00469580211059734https://doaj.org/toc/0046-9580https://doaj.org/toc/1945-7243In response to the COVID-19 pandemic, significant public funds have been invested worldwide into the research, development, and manufacturing of pharmaceutical products to combat the novel coronavirus. Traditionally, intellectual property (IP) rights have been justified in the pharmaceutical sector because of the time and cost associated with drug discovery and development. However, if (a) the cost of research for COVID-19 related innovations have largely been subsidized by the public through public research grants; (b) the time for development has been significantly reduced through publicly funded initiatives; and (c) manufacturing has been de-risked through taxpayer funded advance purchase agreements, should IP rights be asserted on innovations that have largely already been paid for by the public?. There needs to be clear legal and regulatory frameworks, informed by policy objectives such as principles of “responsible research and innovation” and “global public good,” to ensure that outcomes of publicly funded efforts can ultimately reach the intended public. Without any access and production conditions associated with the use of public efforts, worldwide supplies to medical solutions that benefited from these public initiatives can be frustrated. This article proposes a legal framework to address future access and availability problems to medical innovations that benefit from publicly funded initiatives.Helen Yu BSc, JD, PhDSAGE PublishingarticlePublic aspects of medicineRA1-1270ENInquiry: The Journal of Health Care Organization, Provision, and Financing, Vol 58 (2021)
institution DOAJ
collection DOAJ
language EN
topic Public aspects of medicine
RA1-1270
spellingShingle Public aspects of medicine
RA1-1270
Helen Yu BSc, JD, PhD
Return of Benefit to Society of Publicly Funded Innovations to Combat COVID-19
description In response to the COVID-19 pandemic, significant public funds have been invested worldwide into the research, development, and manufacturing of pharmaceutical products to combat the novel coronavirus. Traditionally, intellectual property (IP) rights have been justified in the pharmaceutical sector because of the time and cost associated with drug discovery and development. However, if (a) the cost of research for COVID-19 related innovations have largely been subsidized by the public through public research grants; (b) the time for development has been significantly reduced through publicly funded initiatives; and (c) manufacturing has been de-risked through taxpayer funded advance purchase agreements, should IP rights be asserted on innovations that have largely already been paid for by the public?. There needs to be clear legal and regulatory frameworks, informed by policy objectives such as principles of “responsible research and innovation” and “global public good,” to ensure that outcomes of publicly funded efforts can ultimately reach the intended public. Without any access and production conditions associated with the use of public efforts, worldwide supplies to medical solutions that benefited from these public initiatives can be frustrated. This article proposes a legal framework to address future access and availability problems to medical innovations that benefit from publicly funded initiatives.
format article
author Helen Yu BSc, JD, PhD
author_facet Helen Yu BSc, JD, PhD
author_sort Helen Yu BSc, JD, PhD
title Return of Benefit to Society of Publicly Funded Innovations to Combat COVID-19
title_short Return of Benefit to Society of Publicly Funded Innovations to Combat COVID-19
title_full Return of Benefit to Society of Publicly Funded Innovations to Combat COVID-19
title_fullStr Return of Benefit to Society of Publicly Funded Innovations to Combat COVID-19
title_full_unstemmed Return of Benefit to Society of Publicly Funded Innovations to Combat COVID-19
title_sort return of benefit to society of publicly funded innovations to combat covid-19
publisher SAGE Publishing
publishDate 2021
url https://doaj.org/article/3c325e7f15c64ba1b3d4d978dde48b92
work_keys_str_mv AT helenyubscjdphd returnofbenefittosocietyofpubliclyfundedinnovationstocombatcovid19
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