Intellectual Property and Public Health – A White Paper

23 Pages Posted: 2 May 2013 Last revised: 19 Jun 2014

Ryan G. Vacca

University of Akron School of Law

James Ming Chen

Michigan State University - College of Law

Jay Dratler Jr.

University of Akron - School of Law

Thomas Folsom

Regent University School of Law

Timothy S. Hall

University of Louisville - Louis D. Brandeis School of Law

Yaniv Heled

Georgia State University College of Law

Frank A. Pasquale III

University of Maryland Francis King Carey School of Law; Yale University - Yale Information Society Project

Elizabeth A. Reilly

University of Akron - School of Law

Jeffrey Samuels

University of Akron - School of Law

Katherine J. Strandburg

New York University School of Law

Kara W. Swanson

Northeastern University - School of Law

Andrew W. Torrance

University of Kansas - School of Law

Katharine A. Van Tassel

University of Akron, School of Law

Date Written: April 30, 2013

Abstract

On October 26, 2012, the University of Akron School of Law’s Center for Intellectual Property and Technology hosted its Sixth Annual IP Scholars Forum. In attendance were thirteen legal scholars with expertise and an interest in IP and public health who met to discuss problems and potential solutions at the intersection of these fields. This report summarizes this discussion by describing the problems raised, areas of agreement and disagreement between the participants, suggestions and solutions made by participants and the subsequent evaluations of these suggestions and solutions. Led by the moderator, participants at the Forum focused generally on three broad questions. First, are there alternatives to either the patent system or specific patent doctrines that can provide or help provide sufficient incentives for health-related innovation? Second, is health information being used proprietarily and if so, is this type of protection appropriate? Third, does IP conflict with other non-IP values that are important in health and how does or can IP law help resolve these conflicts? This report addresses each of these questions in turn.

Keywords: public health, intellectual property, TRIPS, patent, healthcare, health, big data, innovation, health care, pharmaceuticals, alternatives, Hatch-Waxman, prizes, collectively governed systems, clinical trials, black box, transparency, Obamacare, privacy, human rights

JEL Classification: H51, I00, I10, I11, I18, I19, K1, K19, K32, O31, O33, O34, O38, O39

Suggested Citation

Vacca, Ryan G. and Chen, James Ming and Dratler, Jay and Folsom, Thomas and Hall, Timothy S. and Heled, Yaniv and Pasquale, Frank A. and Reilly, Elizabeth A. and Samuels, Jeffrey and Strandburg, Katherine J. and Swanson, Kara W. and Torrance, Andrew W. and Van Tassel, Katharine A., Intellectual Property and Public Health – A White Paper (April 30, 2013). Akron Intellectual Property Journal, Vol. 7, 2013; U of Akron Legal Studies Research Paper No. 13-11; Northeastern University School of Law Research Paper No. 152-2013; Seton Hall Public Law Research Paper No. 2259089; Georgia State University College of Law, Legal Studies Research Paper No. 2014-22. Available at SSRN: https://ssrn.com/abstract=2259089

Ryan G. Vacca (Contact Author)

University of Akron School of Law ( email )

150 University Ave.
Akron, OH 44325-2901
United States

James Ming Chen

Michigan State University - College of Law ( email )

318 Law College Building
East Lansing, MI 48824-1300
United States

Jay Dratler Jr.

University of Akron - School of Law ( email )

150 University Ave.
Akron, OH 44325-2901
United States

Thomas C. Folsom

Regent University School of Law ( email )

1000 Regent University Drive
Virginia Beach, VA 23464
United States

Timothy S. Hall

University of Louisville - Louis D. Brandeis School of Law ( email )

Wilson W. Wyatt Hall
Louisville, KY 40292
United States

Yaniv Heled

Georgia State University College of Law ( email )

140 Decatur St.
Atlanta, GA 30303
United States
404-413-9092 (Phone)

Frank A. Pasquale III

University of Maryland Francis King Carey School of Law ( email )

500 West Baltimore Street
Baltimore, MD 21201-1786
United States
410-706-4820 (Phone)
410-706-0407 (Fax)

Yale University - Yale Information Society Project ( email )

127 Wall Street
New Haven, CT 06511
United States

Elizabeth A. Reilly

University of Akron - School of Law ( email )

150 University Ave.
Akron, OH 44325-2901
United States
330-972-6197 (Phone)

Jeffrey Samuels

University of Akron - School of Law ( email )

150 University Ave.
Akron, OH 44325-2901
United States

Katherine J. Strandburg

New York University School of Law ( email )

40 Washington Square South
New York, NY 10012-1099
United States

Kara W. Swanson

Northeastern University - School of Law ( email )

416 Huntington Avenue
Boston, MA 02115
United States

Andrew W. Torrance

University of Kansas - School of Law ( email )

Green Hall
1535 W. 15th Street
Lawrence, KS 66045-7577
United States

Katharine A. Van Tassel

University of Akron, School of Law ( email )

150 University Ave.
Akron, OH 44325-2901
United States

Paper statistics

Downloads
414
Rank
56,261
Abstract Views
2,519