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

25 Pages Posted: 18 Nov 2021 Last revised: 9 Feb 2022

See all articles by Arti K. Rai

Arti K. Rai

Duke University School of Law; Duke Innovation & Entrepreneurship Initiative

Rebecca S. Eisenberg

University of Michigan Law School

Tahir Amin

Initiative for Medicines, Access & Knowledge (I-MAK)

Henry Hadad

affiliation not provided to SSRN

Rachel Sachs

Washington University in Saint Louis - School of Law

Date Written: November 8, 2021

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

Suggested Citation

Rai, Arti Kaur and Eisenberg, Rebecca S. and Amin, Tahir and Hadad, Henry and Sachs, Rachel, Whether and How the U.S. Government Should Exercise Its Compulsory Licensing Authority Under 28 U.S.C. § 1498 and the Bayh-Dole Act (November 8, 2021). NYU Journal of Intellectual Property & Entertainment Law, 11, U of Michigan Public Law Research Paper 21-036, Duke Law School Public Law & Legal Theory Series No. 2022-07, Available at SSRN: https://ssrn.com/abstract=3964094

Arti Kaur Rai (Contact Author)

Duke University School of Law ( email )

210 Science Drive
Box 90362
Durham, NC 27708
United States

Duke Innovation & Entrepreneurship Initiative ( email )

215 Morris St., Suite 300
Durham, NC 27701
United States

Rebecca S. Eisenberg

University of Michigan Law School ( email )

625 South State Street
Ann Arbor, MI 48109-1215
United States

Tahir Amin

Initiative for Medicines, Access & Knowledge (I-MAK) ( email )

India

Henry Hadad

affiliation not provided to SSRN

Rachel Sachs

Washington University in Saint Louis - School of Law ( email )

Campus Box 1120
St. Louis, MO 63130
United States

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
70
Abstract Views
339
rank
469,881
PlumX Metrics