Property and Intellectual Property in Vaccine Markets
نویسندگان
چکیده
As biopharmaceutical forms of technology, vaccines constitute one the most important tools for promotion and maintenance public health. Tolstoy famously wrote that “[h]appy families are all alike; every unhappy family is in its own way.” Vaccine markets offer perhaps extreme embodiments Tolstoy’s principle field innovation. Vaccines often described as unprofitable types goods, under-incentivized from a research development (“R&D”) perspective, routinely failing to attract sufficient investment traditional funders biopharma. In this sense, despite scientifically well-established value health vaccine portrayed collection families. Yet, at least throughout developed world, there plenty examples steadily profitable markets, case recently targeting human papilloma virus (“HPV”). This Essay begins by mapping dualism R&D commercialization, describing both “happy” “unhappy” markets. It then connects new with default legal regime promote innovation arena: patent system. exploring possible solutions transactional problems arising connection asks whether rights covering technologies best understood property or something else. inquiry course but fragment much larger interrogation nature mechanics intellectual systems: rights—and out grant patents particular—more like akin else? Arguing under current noncommittal position Supreme Court room understandings not property-centric,6 concludes how less property-like protection—in form liability critical components technology—can remove some salient obstacles commercialization better vaccines.
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ژورنال
عنوان ژورنال: Journal of property law
سال: 2021
ISSN: ['2572-7117', '2572-7044']
DOI: https://doi.org/10.37419/jpl.v7.i1.4