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Full-Text Articles in Law
Does Trips Stop International Ip Free-Riders, Sam F. Halabi
Does Trips Stop International Ip Free-Riders, Sam F. Halabi
Faculty Publications
Innovation policy-a relatively new phrase for an old set of top-down competitiveness approaches (e.g. "industrial policy," "science policy," "research policy," and "technology policy")-is necessarily a combination of centralized investment, structure of private-sector incentives, and public policy priorities.This combination has always been unwieldy, multivariate, and politically charged. As a result, constituencies favoring one or other approaches (e.g. longer patent protection, more funding of public universities and research infrastructure, tariff or non-tariff import measures) have lacked a unifying framework through which to analyze shared problems. In Innovation Policy Pluralism, Daniel J. Hemel and Lisa Larrimore Ouellette provide that framework. With a focus …
The "Evergreening" Metaphor In Intellectual Property Scholarship, Erika Lietzan
The "Evergreening" Metaphor In Intellectual Property Scholarship, Erika Lietzan
Faculty Publications
This article is a plea for changes in the scholarly dialogue about "evergreening" by drug companies. Allegations that drug companies engage in "evergreening" are pervasive in legal scholarship, economic scholarship, medical and health policy scholarship, and policy writing, and they have prompted significant policymaking proposals. This Article was motivated by concern that the metaphor has not been fully explained and that policymaking in response might therefore be premature. It canvasses and assesses the scholarly literature-more than 300 articles discussing or mentioning "evergreening." It catalogues the definitions, the examples, and the empirical studies. Scholars use the term when describing certain actions …
Viral Sovereignty, Intellectual Property, And The Changing Global System For Sharing Pathogens For Infectious Disease Research, Sam F. Halabi
Viral Sovereignty, Intellectual Property, And The Changing Global System For Sharing Pathogens For Infectious Disease Research, Sam F. Halabi
Faculty Publications
This article analyzes the substantial changes under way in the global system for infectious disease research demonstrated by the changing practices in negotiating MTAs. Instead of the open system of sharing bacterial and viral human pathogens that characterized the research system for much of the 20th Century, notions of "viral sovereignty," access contingent upon provisions like sharing research benefits, and acrimonious negotiations, are far more common. The increasing barriers to the flow of research material and related data like genetic sequencing information are posing threats to public health responses and the potential use of such resources in diagnostic, therapeutic, and …