Reflections on a Post-Pandemic European Patent System

European Intellectual Property Review, 2020 Forthcoming

19 Pages Posted: 15 Jun 2020 Last revised: 6 Oct 2020

See all articles by Justine Pila

Justine Pila

University of Oxford - Faculty of Law

Date Written: June 1, 2020

Abstract

Against the backdrop of COVID-19, this Opinion essay proposes three ways to improve the European patent system without the need for legislative reform. Each has particular implications for drug patenting, and reflects an interpretive conception of law and legal legitimacy as requiring the application of legislation in accordance with moral values, including those expressed in constitutional instruments. If adopted, the proposals would: restrict the patentability of second medical indications and anchor assessments of inventive step more firmly to patent policy; expand assessments of the moral and public policy implications of patenting inventions and extend the disclosure duties of applicants; and adapt the FRAND licensing system to cover essential medical technologies.

Keywords: Patents, inventive step, FRAND licensing, essential medicines, morality, public policy, COVID-19, Europe, drug patenting

Suggested Citation

Pila, Justine, Reflections on a Post-Pandemic European Patent System (June 1, 2020). European Intellectual Property Review, 2020 Forthcoming, Available at SSRN: https://ssrn.com/abstract=3627384 or http://dx.doi.org/10.2139/ssrn.3627384

Justine Pila (Contact Author)

University of Oxford - Faculty of Law ( email )

St Cross Building
St Cross Road
Oxford, Oxfordshire OX1 3UL
Great Britain

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