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The drastic impact of the COVID-19 pandemic highlighted many of society’s systemic inequalities. This timely and prescient book explores the role that Intellectual Property Rights (IPRs) played in the pandemic and argues for developing a framework of sustainability, innovation, and global justice in IPR systems, to build a more globally sustainable regime.IPRs impact products and processes which address fundamental societal needs, yet innovation is largely incentivised by the granting of exclusive rights which can limit accessibility to new products and technologies. In light of the COVID-19 pandemic, Intellectual Property Rights in the Post Pandemic World adopts a cross-disciplinary approach to analyse the relationship between IPRs, sustainability, innovation and the circular economy. Chapters examine pressing issues concerning responding to crises, inventions, the circular economy, follow-on innovation and multi-stakeholder collaboration, among others, as possible ways to finance sustainability. Throughout, this book focuses on how the IP system was challenged by the events of the pandemic, with a view to understanding how IPRs can be used to promote progressive social and sustainable innovation in the future.This book will be beneficial for researchers in intellectual property law and development law along with practitioners and policy makers. It will also prove valuable for students with a particular interest in law, social sciences and public health.
Edited by Taina Pihlajarinne, Professor of Copyright Law, University of Helsinki, Jukka Mähönen, Professor of Cooperative Law, University of Helsinki, Finland, and Professor of Law, University of Oslo, Norway and Pratyush Nath Upreti, Senior Lecturer in Intellectual Property Law, School of Law, Queen's University Belfast, UK
Contents:1 Intellectual property rights in the post pandemic world: anintroduction 1Taina Pihlajarinne, Jukka Mähönen and Pratyush Nath UpretiPART I NEW PARADIGMS OF INTELLECTUALPROPERTY RULES IN COVID-192 A critical appraisal of the COVID-19 TRIPS waiver 11Peter K. Yu3 An elusive response from developed countries to a TRIPSwaiver request to address COVID-19 31Carlos Correa and Nirmalya Syam4 Crisis, invention, and innovation 57Shubha Ghosh5 Alternative IP theories 75Hans Morten Haugen6 Intellectual property, friendship and the pandemic: a reflection 95Pratyush Nath UpretiPART II TRANSFORMING IP TOWARDS GLOBALJUSTICE WITH INNOVATION AND SUSTAINABILITY7 Rethinking intellectual property through decoloniality andother lenses 118Yousuf A. Vawda8 The right to research as guarantor for sustainability,innovation and justice in EU copyright law 138Christophe Geiger and Bernd Justin Jütte9 Trademark, privacy and data protection 170Tianxiang He and Qingchuan Xie10 Artificial intelligence, patents and health innovation 188Enrico Bonadio and Magali Contardi11 IP, medical AI and public health crisis 205Yahong LiPART III SHAPING INTELLECTUAL PROPERTYFINANCING FOR SUSTAINABLE INNOVATION12 Relationship and intersections between intellectualproperty, property (as security) and circular economy 225Sean Thomas13 The UNDP Accelerator Lab Network 246Matthew Rimmer14 The potential of follow-on innovation financinginstruments to support a sustainable transition 277Natacha Estèves, Alina Wernick and Suelen Carls15 IPR and beyond 299Dhanay Cadillo-Chandler, Rosa Maria Ballardini and Jouko Nuottila16 Seeking and hiding: corporate disclosure norms,enhancing non-financial information transparency usingthe technology readiness level (TRL) system 319Janice Denoncourt17 Conclusions: towards a (new) framework of sustainability,innovation and global justice for intellectual property 348Taina Pihlajarinne, Jukka Mähönen and Pratyush Nath UpretiIndex 352
‘This is a timely and much-needed book, which provides important insights into the “what’s next?” of intellectual property on a global scale: by stressing the relationship between innovation, sustainability and global justice, this book brings to the fore the multi-faceted nature of intellectual property and the need for “fairness” to be part of the relevant ecosystem of rights and interests, as well as free spaces and the public domain.’
