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Intellectual Property Rights in the Post Pandemic World: An Integrated Framework of Sustainability Innovation and Global Justice

Edited by: Taina Pihlajarinne, Jukka Tapio Mähönen, Pratyush Nath Upreti

ISBN13: 9781803922737
Published: December 2023
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £130.00



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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.

Subjects:
Intellectual Property Law
Contents:
1. Intellectual property rights in the post pandemic world: an
introduction 1

PART I. NEW PARADIGMS OF INTELLECTUAL PROPERTY RULES IN COVID-19
2. A critical appraisal of the COVID-19 TRIPS waiver 11
Peter K. Yu
3. An elusive response from developed countries to a TRIPS
waiver request to address COVID-19 31
Carlos M. Correa and Nirmalya Syam
4. Crisis, invention, and innovation 57
Shubha Ghosh
5. Alternative IP theories 75
Hans Morten Haugen
6. Intellectual property, friendship and the pandemic: a reflection 95
Pratyush Nath Upreti

PART II. TRANSFORMING IP TOWARDS GLOBAL JUSTICE WITH INNOVATION AND SUSTAINABILITY
7. Rethinking intellectual property through decoloniality and
other lenses 118
Yousuf A. Vawda
8. The right to research as guarantor for sustainability,
innovation and justice in EU copyright law 139
Christophe Geiger and Bernd Justin Jütte
9. Trademark, privacy and data protection 171
Tianxiang He and Qingchuan Xie
10. Artificial intelligence, patents and health innovation 189
Enrico Bonadio and Magali Contardi
11. IP, medical AI, and public health crisis 206
Yahong Li

PART III. SHAPING INTELLECTUAL PROPERTY FINANCING FOR SUSTAINABLE INNOVATION
12. Relationship and intersections between intellectual
property, property (as security) and circular economy 226
Sean Thomas
13. The UNDP Accelerator Lab Network 247
Matthew Rimmer
14. The potential of follow-on innovation financing
instruments to support a sustainable transition 278
Natacha Estèves, Alina Wernick and Suelen Carls
15. IPR and beyond 300
Dhanay Cadillo-Chandler, Rosa Maria Ballardini and Jouko Nuottila
16. Seeking and hiding 320
Janice Denoncourt
17. Conclusions: towards a (new) framework of sustainability,
innovation and global justice for intellectual property 346

Index