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Intellectual Property Rights in the Post Pandemic World

An Integrated Framework of Sustainability, Innovation and Global Justice

9781803922737 Edward Elgar Publishing

Elgar Intellectual Property and Global Development series

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

Publication Date: 2023 ISBN: 978 1 80392 273 7 Extent: 376 pp

The drastic impact of the COVID-19 pandemic highlighted many of society’s systemic inequalities. In this timely and prescient book, Taina Pihlajarinne, Jukka Tapio Mähönen and Pratyush Nath Upreti explore the importance of intellectual property rights (IPRs) post pandemic and argue for a pressing revision of the current IPR system to build a more globally sustainable and just regime.

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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.

Critical Acclaim

‘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.’
– Eleonora Rosati, Stockholm University, Sweden

‘Intellectual Property Rights in the Post Pandemic World offers thought-provoking, reflective, and nuanced insights into the intersection of intellectual property, sustainability, and innovation in a rapidly evolving landscape following the global pandemic. This work not only illuminates the complex terrain but also presents alternative perspectives rooted in real-world challenges. It charts a path towards a more equitable and adaptive global intellectual property landscape, compelling us to rethink, reimagine, and rebalance the intellectual property system.’
– Althaf Marsoof, Nanyang Business School, Singapore

‘This book addresses fundamental questions of intellectual property rights in the aftermath of the pandemic in a variety of contributions by an international authorship. It makes an up-to-date contribution to the current discussion on the role of intellectual property rights in the international context of sustainability, innovation and global justice.’
– Prof. Dr. Claudia Seitz, M.A. (London), Professor for Public Law, European Law, International Law and Life Sciences Law at the Faculty of Law of the Private University in the Principality of Liechtenstein

Contributors

Contributors: Rosa Maria Ballardini, Enrico Bonadio, Dhanay Cadillo-Chandler, Suelen Carls, Magali Contardi, Carlos Correa, Janice Denoncourt, Natacha Estèves, Christophe Geiger, Shubha Ghosh, Hans Morten Haugen, Tianxiang He, Bernd Justin Jütte, Yahong Li, Jukka Mähönen, Jouko Nuottila, Taina Pihlajarinne, Matthew Rimmer, Nirmalya Syam, Sean Thomas, Pratyush Nath Upreti, Yousuf A Vawda, Alina Wernick, Qingchuan Xie, Peter K. Yu

Contents

Contents:

1 Intellectual property rights in the post pandemic world: an
introduction 1
Taina Pihlajarinne, Jukka Mähönen and Pratyush Nath Upreti

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 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 138
Christophe Geiger and Bernd Justin Jütte
9 Trademark, privacy and data protection 170
Tianxiang He and Qingchuan Xie
10 Artificial intelligence, patents and health innovation 188
Enrico Bonadio and Magali Contardi
11 IP, medical AI and public health crisis 205
Yahong Li

PART III SHAPING INTELLECTUAL PROPERTY
FINANCING FOR SUSTAINABLE INNOVATION
12 Relationship and intersections between intellectual
property, property (as security) and circular economy 225
Sean Thomas
13 The UNDP Accelerator Lab Network 246
Matthew Rimmer
14 The potential of follow-on innovation financing
instruments to support a sustainable transition 277
Natacha Estèves, Alina Wernick and Suelen Carls
15 IPR and beyond 299
Dhanay Cadillo-Chandler, Rosa Maria Ballardini and Jouko Nuottila
16 Seeking and hiding: corporate disclosure norms,
enhancing non-financial information transparency using
the technology readiness level (TRL) system 319
Janice Denoncourt
17 Conclusions: towards a (new) framework of sustainability,
innovation and global justice for intellectual property 348
Taina Pihlajarinne, Jukka Mähönen and Pratyush Nath Upreti

Index 352