Panel Discussion: Vaccines, Intellectual Property, and Global Equity

The following post comes from Colin Kreutzer, a 2E at Scalia Law and a Research Assistant at C-IP2.  The COVID-19 pandemic has shined a spotlight on the role of intellectual property in modern medicine and on the complex social questions surrounding a system that grants exclusive rights over life-or-death products. On the one hand, there … Continue reading “Panel Discussion: Vaccines, Intellectual Property, and Global Equity”

A View from Both Sides: COVID-19, the TRIPS Waiver, IP Rights, and How to Increase the Supply of Vaccines

Issue The United States and other wealthy nations have access to plenty of COVID-19 vaccine doses and thus are beginning to get the pandemic under control, while less affluent countries do not have access to adequate doses and are still struggling with rising cases. In October 2020, India and South Africa proposed addressing this problem … Continue reading “A View from Both Sides: COVID-19, the TRIPS Waiver, IP Rights, and How to Increase the Supply of Vaccines”

WTO IP Waiver Too Simplistic: Global Vaccine Tech-Transfer Needs Other Strategies

By Yogesh Pai Since October 2020, India and South Africa, joined by two-thirds of the WTO Members (African Group, LDCs and most of developing world) have been actively pursuing other developed country Members to agree to their request to waive global intellectual property (IP) rules. The waiver asserts that by suspending IP protection for COVID-19 … Continue reading “WTO IP Waiver Too Simplistic: Global Vaccine Tech-Transfer Needs Other Strategies”

Hudson Institute Panel Focuses on Patent Litigation in China

The following post comes from Wade Cribbs, a 2L at Scalia Law and a Research Assistant at CPIP. By Wade Cribbs Questions about how Chinese patent protection operates in the international patent landscape are relevant to both companies doing business in China and policymakers in the United States. China is becoming an increasingly frequent patent … Continue reading “Hudson Institute Panel Focuses on Patent Litigation in China”

Jonathan Barnett on Competition Regulators and Standard-Essential Patents

The following post comes from Connor Sherman, a 2L at Scalia Law and a Research Assistant at CPIP. By Connor Sherman The field of intellectual property (IP) can sometimes be wrong in its approach towards promoting economic health, especially when that approach overlaps with antitrust law. An example of this is laid out in a … Continue reading “Jonathan Barnett on Competition Regulators and Standard-Essential Patents”

Forty Years Since Diamond v. Chakrabarty: Legal Underpinnings and its Impact on the Biotechnology Industry and Society

CPIP has published a new policy brief celebrating the fortieth anniversary of the Diamond v. Chakrabarty decision, where the Supreme Court in 1980 held that a genetically modified bacteria was patentable subject matter. The brief, entitled Forty Years Since Diamond v. Chakrabarty: Legal Underpinnings and its Impact on the Biotechnology Industry and Society and written … Continue reading “Forty Years Since Diamond v. Chakrabarty: Legal Underpinnings and its Impact on the Biotechnology Industry and Society”

Professor Tabrez Ebrahim on Artificial Intelligence Inventions

The following post comes from Associate Professor of Law Tabrez Ebrahim of California Western School of Law in San Diego, California. By Tabrez Ebrahim Artificial intelligence (AI) is a major concern to the United States Patent and Trademark Office (USPTO), for patent theory and policy, and for society. The USPTO requested comments from stakeholders about … Continue reading “Professor Tabrez Ebrahim on Artificial Intelligence Inventions”

New CPIP Policy Brief: The Long Shadow of the Blackberry Shutdown That Wasn’t

CPIP has published a new policy brief by CPIP Senior Fellow for Innovation Policy Jonathan Barnett entitled The Long Shadow of the Blackberry Shutdown That Wasn’t. The policy brief looks at how the Blackberry litigation and the “patent troll” narrative ultimately contributed to the Supreme Court’s 2006 decision in eBay v. MercExchange that limited the … Continue reading “New CPIP Policy Brief: The Long Shadow of the Blackberry Shutdown That Wasn’t”

(Patented) Life Begins at Forty: CPIP Celebrates the Ongoing Legacy of Diamond v. Chakrabarty

The following post comes from Colin Kreutzer, a rising 2E at Scalia Law and a Research Assistant at CPIP. By Colin Kreutzer It’s been forty years since the Supreme Court ruled in favor of patentability for a GE scientist and the oil-eating bacterium he’d created, greatly expanding the scope of living matter that was eligible … Continue reading “(Patented) Life Begins at Forty: CPIP Celebrates the Ongoing Legacy of Diamond v. Chakrabarty

Recent Developments in the Life Sciences: The Continuing Assault on Innovation by Antitrust Plaintiffs in Lantus

By Erika Lietzan In February, the U.S. Court of Appeals for the First Circuit held, in a direct purchaser antitrust action, that an innovative pharmaceutical company marketing an injectable drug product had “improperly listed” in FDA’s Orange Book a patent claiming a mechanism used in the drug’s delivery device. As I explain below, the ruling … Continue reading “Recent Developments in the Life Sciences: The Continuing Assault on Innovation by Antitrust Plaintiffs in Lantus