Akron Intellectual Property Journal, Vol. 7, 2013
23 Pages Posted: 2 May 2013 Last revised: 19 Jun 2014
Date Written: April 30, 2013
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: 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