Whether and How the U.S. Government Should Exercise Its Compulsory Licensing Authority Under 28 U.S.C. § 1498 and the Bayh-Dole Act

Abstract

On March 10, 2021, our journal partnered with the Engelberg Center on Innovation Law and Policy to host a symposium addressing the role and impact of U.S. innovation policy on access to medicine. Our 2021 Symposium Issue—Volume 11, Issue 1—captures that event.

This article represents the third of four panels. This panel discussed whether and how the U.S. government should exercise its compulsory licensing authority under 28 U.S.C. § 1498 and the Bayh-Dole Act. The panel was moderated by Professor Arti Rai of Duke University School of Law. The panelists included Professor Rebecca S. Eisenberg of the University of Michigan Law School, Tahir Amin, Co-Founder and Co-Executive of I-MAK, Henry Hadad, Senior Vice President and Deputy General Counsel at Bristol-Myers Squibb, and Professor Rachel Sachs of Washington University in St. Louis School of Law.

Keywords: Symposium, Access, Medicine, COVID, Coronavirus, NYU, Prescription, Drugs, Government, Healthcare, Insurance, Research, Pharmaceutical, Pharma, NIH, Pandemic, Vaccine, Patent, Intellectual Property, IP, Licensing, 28 U.S.C. § 1498, Bayh-Dole Act, Public Health, Biomedical, Bioethics, Policy