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Patent-related actions taken in WTO members in response to the COVID-19 pandemic

Author

Listed:
  • Wu, Xiaoping
  • Khazin, Bassam Peter

Abstract

COVID-19, caused by SARS-Cov-2, was declared to be a pandemic by the World Health Organization on 11 March 2020. Since then, the issue of the relationship between patent protection and the development of and access to medical treatments and technologies - a longstanding and enduringly important public policy issue - has become central to the debate on the linkages between IP, innovation, access, and public health between stakeholders with divergent interests. This working paper provides an overview of the patent landscape of medical treatments and technologies related to COVID-19, and of the patent status of two investigational medical treatments: remdesivir and lopinavir/ritonavir. It then presents various patent-related actions taken by legislators, policymakers, industry sectors, and civil society organizations in WTO Members since the outbreak. Furthermore, it elaborates on patent-related policy options provided by the TRIPS Agreement, and WTO Members' national implementation and utilization of these options in their response to the COVID-19 pandemic.

Suggested Citation

  • Wu, Xiaoping & Khazin, Bassam Peter, 2020. "Patent-related actions taken in WTO members in response to the COVID-19 pandemic," WTO Staff Working Papers ERSD-2020-12, World Trade Organization (WTO), Economic Research and Statistics Division.
    • Handle: RePEc:zbw:wtowps:ersd202012
    DOI: 10.30875/fb500072-en
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    Cited by:

    1. Sèna Kimm Gnangnon, 2022. "Development Aid and Export Resilience in Developing Countries: A Reference to Aid for Trade," Economies, MDPI, vol. 10(7), pages 1-31, July.

    More about this item

    Keywords

    COVID-19 pandemic; patent; open innovation; patentable subject matter; repurposed medicines; exceptions and limitations; licences; government use; transition periods; LDCs; WTO; TRIPS;
    All these keywords.

    JEL classification:

    • K11 - Law and Economics - - Basic Areas of Law - - - Property Law
    • K15 - Law and Economics - - Basic Areas of Law - - - Civil Law; Common Law
    • K30 - Law and Economics - - Other Substantive Areas of Law - - - General
    • O30 - Economic Development, Innovation, Technological Change, and Growth - - Innovation; Research and Development; Technological Change; Intellectual Property Rights - - - General
    • O31 - Economic Development, Innovation, Technological Change, and Growth - - Innovation; Research and Development; Technological Change; Intellectual Property Rights - - - Innovation and Invention: Processes and Incentives
    • O34 - Economic Development, Innovation, Technological Change, and Growth - - Innovation; Research and Development; Technological Change; Intellectual Property Rights - - - Intellectual Property and Intellectual Capital
    • I18 - Health, Education, and Welfare - - Health - - - Government Policy; Regulation; Public Health

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