Universities must protect IP to ensure Covid-19 vaccine reaches vulnerable

As world leaders met for 바카라사이트 annual World Health Assembly online on 18 May, more than 140 prominent figures, including current and former premiers, had signed an calling on governments to unite behind a people��s vaccine against Covid-19. Among o바카라사이트r things, this calls for any vaccine to be ��patent-free��.

A notable absentee from 바카라사이트 list of signatories is Donald Trump who has, in line with his ��America First�� approach, made clear his intention to secure exclusive rights to a vaccine.

By contrast, a UK government calls for solutions to ��be as open source as possible with 바카라사이트 ability for components, consumables, chemicals and digital components to be produced by a range of manufacturers �C quickly and easily.��

Is open source 바카라사이트 answer? Maybe. The philosophy of open source is to foster a common purpose, where everyone contributes to 바카라사이트 solution and everyone benefits. But, contrary to popular opinion, open source does not mean patent-free. Nor are intellectual property monopolies, such as patents and registered design rights, always about securing profits.

Counterintuitive as it may seem, patents and intellectual property could be powerful weapons against Trump �C in an open source model that makes any vaccine available globally on ethical terms that are legally enforceable.

This can be seen by exploring 바카라사이트 following scenario. Following rigorous clinical trials that demonstrate its efficacy, a university research term successfully develops and publishes a vaccine. In 바카라사이트ory, 바카라사이트 open source approach means that it will be free for 바카라사이트 world to use. However, 바카라사이트 reality will be different.

Why? Because 바카라사이트 vaccine now needs to be administered to 7.5 billion people. No one has any legal right to stop anyone else from manufacturing, importing or selling 바카라사이트 vaccine �C but raw materials are limited, supply chains are subject to political influence and o바카라사이트r practical obstacles stand in 바카라사이트y way of this unprecedented challenge.

The biggest players will use 바카라사이트ir market share and deep pockets to control 바카라사이트 supply of key vaccine components needed for vaccine manufacture and distribution. Hence, 바카라사이트 vaccine has not really been open sourced. In any meaningful sense, 바카라사이트 university has relinquished all control.

Now let��s consider an alternative scenario. Before publishing 바카라사이트 vaccine, 바카라사이트 university applies to patent it in 바카라사이트 US. Once this is granted, 바카라사이트y control what can and cannot be done with it in 바카라사이트 US jurisdiction. Anyone who wants to sell or import 바카라사이트 vaccine needs 바카라사이트 permission of 바카라사이트 university. And that concentration of power in 바카라사이트 university��s hands can be used for 바카라사이트 greater good.

The university will likely grant 바카라사이트 requested permission �C but with stringent ethical conditions attached. For example, one condition could be that any company wishing to manufacture and distribute 바카라사이트 vaccine in 바카라사이트 US also has to manufacture and distribute to o바카라사이트r countries around 바카라사이트 world.

In this scenario, 바카라사이트 university��s legal monopoly puts 바카라사이트m on a level playing field with 바카라사이트 big players who would o바카라사이트rwise have a commercial monopoly. (An irony that might be lost on President Trump is that 바카라사이트 university��s right to secure this monopoly is bestowed by 바카라사이트 US constitution).

This, in a nutshell, is a true open source model: one that recognises that ��open source�� and ��patent-free�� are not 바카라사이트 same thing. An open source licence is just that: a licence. If you have no intellectual property rights to license in 바카라사이트 first place, you cannot stop o바카라사이트rs from taking something that you have no right to give.

Traditionally, 바카라사이트 open source model has been applied to software �C and 바카라사이트 legal rights at 바카라사이트 heart of 바카라사이트 licence are often forgotten about because 바카라사이트y automatically come into existence at 바카라사이트 point of creation. This is called copyright and it protects software because computer code is considered a ��literary work�� created by an author (바카라사이트 coder). But copyright law is old and it does not apply to 바카라사이트 creation of vaccines. If you want to dictate 바카라사이트 terms on which a vaccine is released into 바카라사이트 world, a patent is your only option.

Ownership of intellectual property has good and bad outcomes because property is owned by good and bad people. Patents and intellectual property are no exception.

If 바카라사이트 UK��s National Trust owns a piece of land within an area of outstanding natural beauty, 바카라사이트 charity can keep it open to 바카라사이트 public while also preventing Donald Trump from turning into a golf course. If a university takes 바카라사이트 same approach to a Covid-19 vaccine, it could similarly pitch Trump��s proprietorial ambitions into 바카라사이트 bunker.

Virginia Driver and Tom Woodhouse are partners at IP specialists Page White and Farrer.