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Intellectual Property Law

Duke Law

Journal

Health & Biotechnology

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Covid Vaccines And Intellectual Property Rights: Evaluating The Potential For National Legislation Implementing Global Patent Waivers, Ashley Dabiere Feb 2023

Covid Vaccines And Intellectual Property Rights: Evaluating The Potential For National Legislation Implementing Global Patent Waivers, Ashley Dabiere

Duke Law & Technology Review

Debates over the proper scope of intellectual property protections during the COVID-19 pandemic have occupied newspaper headlines since the first vaccines were developed nearly three years ago. Scholars and key politicians from several nations considered the implementation of a global patent waiver in an effort to make the vaccines more widely available in developing parts of the world. Although the question of whether such a waiver would fulfill this goal remains empirically unanswered and up for debate, the legal structure of United States patent law would make its implementation by Congress difficult given the value placed on intellectual property protections …