Publication details

Covid-19 Disease as a Challenge for Patent Law and Patent Strategies



Year of publication 2021
Type Appeared in Conference without Proceedings
MU Faculty or unit

Faculty of Law

Description : COVID-19 decease has affected all areas of our society. Fighting the disease is already based on a wide variety of technical achievements like pharmaceutical ingredients and therapeutic technology. In particular, vaccines and other technological innovations are worldwide utilized and patent protected using considerable public and private research funds. The COVID-19 pandemic has had a significant impact on patent strategies for the development of new drugs, diagnostic methods or vaccines. In his presentation, the author focused on the impact of the pandemic on the possibility of asserting negator claims and also on the issue of compulsory licensing. The author argued that the debate on the waiver of patent rights that has arisen in several countries and also in the WTO does not pay the attention on the distinction between negatory claims and monetary compensation. Monetary compensation is also an essential condition for the granting of compulsory licences.

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