Commentaries more



159. Sarah Matheson AM,Artemis Kirkinis, Compulsory licence and Crown use provisions in the Covid-19 pandemic—the Australian perspective, 2021.05.03, In the global COVID-19 pandemic, governments face considerable global pressures including the need to guarantee the supply of a vaccine or treatments and medical equipment, which could lead to the compulsory licence or Crown use provisions being invoked.However, to date, collaborative approaches have prevailed; there have been some unconventional approaches to intellectual property rights, and considerable efforts to repurpose existing technology that shows any promise of application in the present context. It may be that patented technology can be accessed without the need to invoke them. Instead, the mere fact of their existence may encourage an otherwise reluctant patentee to reach a timely arrangement for access to patented technology or products. In this way, compulsory licence and Crown use provisions serve an important role as safeguards to ensure the appropriate balance between a patentee’s reward for its investment, and the need for access to patented technology during a public health crisis.

158. Justin McCrary, Sarath Sanga, The Impact of the Coronavirus Lockdown on Domestic Violence, 2021.05.30, The authors use 911 call records and mobile device location data to study the impact of the coronavirus lockdown on domestic violence. The percent of people at home sharply increased at all hours, and nearly doubled during regular working hours, from 45% to 85%. Domestic violence increased 12% on average and 20% during working hours. Using neighborhood-level identifiers, this article shows that the rate of first-time abuse likely increased even more: 16% on average and 23% during working hours. This article’s results contribute to an urgent need to quantify the physical and psychological burdens of prolonged lockdown policies.

157. Kei Matsumoto, Christoph Rademacher, Ayako Suga, Protecting IP Licenses and Jointly Owned IP in the Age of COVID-19: Insolvency and Force Majeure Events under Japanese Law, 2021.07.07, This article provides an overview and discussion of a multitude of issues that are relevant for IP licensing under Japanese law.

156. Victoria Adelmant, Philip Alston, Matthew Blainey, Human Rights and Climate Change Litigation: One Step Forward, Two Steps Backwards in the Irish Supreme Court, 2021.07.07, This article considers that climate change litigation is a rapidly growing field in many countries and human rights obligations are increasingly an integral part of the equation. The Irish Supreme Court’ s 2020 judgment invalidating Ireland’ s National Mitigation Plan for transitioning to a low carbon, climate resilient and environmentally sustainable economy by 2050 warrants far more critical scrutiny. The Court’ s findings on standing to sue, the relevance of human rights provisions in this context, and the existence of a derived right to a healthy environment, are all retrogressive and augurbadly for the future of rights-based climate change litigation in Ireland.

155. Prabhash Ranjan, Compulsory licences and ISDS in Covid-19 times: relevance of the new Indian investment treaty practice, 2021.07.13, This article points out that foreign investors are increasingly making use of investor-State dispute settlement (ISDS) to enforce their intellectual property rights. In this context, and taking into account the significance of compulsory licences (CLs) as a regulatory tool to fight the Covid-19 pandemic, this article studies India's new investment treaty practice on the issuance of CLs and finds that India’ s new investment treaty practice elucidates how India can issue CLs without worrying about investor-state dispute settlement claims.

Beijing Interest Group on Global Health and Global Governance
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