The Intellectual Property of Vaccines: Takeaways from Recent Infectious Disease Outbreaks

Michigan Law Review Online, v. 118:170, April 2020

Saint Louis U. Legal Studies Research Paper No. 2020-46

18 Pages Posted: 4 Mar 2020 Last revised: 15 Mar 2022

See all articles by Ana Santos Rutschman

Ana Santos Rutschman

Villanova University - Charles Widger School of Law; Saint Louis University - School of Law

Abstract

This Essay examines the ways in which intellectual property regimes influence incentives for the development of new vaccines for infectious diseases. Charting the tension between market forces and public health imperatives, the Essay considers an emerging solution to the long-standing problem of insufficient incentives for vaccine research and development: the rise of public-private partnerships in the health space. The Essay provides a short case study on CEPI, a large-scale public-private partnership dedicated exclusively to funding research on vaccines for infectious diseases. In exploring how the interaction between intellectual property rules and practices affect vaccine innovation, the Essay offers illustrations from recent outbreaks of infectious diseases, including the 2019 novel coronavirus, Zika, and Ebola.

Keywords: vaccines, patents, health, intellectual property, outbreaks, infectious diseases, pandemics, public-private partnerships, Coalition for Epidemic Preparedness Innovations

Suggested Citation

Santos Rutschman, Ana, The Intellectual Property of Vaccines: Takeaways from Recent Infectious Disease Outbreaks. Michigan Law Review Online, v. 118:170, April 2020, Saint Louis U. Legal Studies Research Paper No. 2020-46, Available at SSRN: https://ssrn.com/abstract=3546368 or http://dx.doi.org/10.2139/ssrn.3546368

Ana Santos Rutschman (Contact Author)

Villanova University - Charles Widger School of Law ( email )

299 N. Spring Mill Road
Villanova, PA 19085
United States

Saint Louis University - School of Law ( email )

100 N. Tucker Blvd.
St. Louis, MO 63101
United States

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