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Intellectual Property and Public Health – A White Paper
Akron Intellectual Property Journal (2013)
  • Ryan G. Vacca, University of Akron School of Law
  • Jim Chen
  • Jay Dratler, Jr., University of Akron School of Law
  • Tom Folsom
  • Timothy Hall
  • Yaniv Heled, Georgia State University College of Law
  • Frank Pasquale, Seton Hall University School of Law
  • Elizabeth Reilly, University of Akron School of Law
  • Jeff Samuels, University of Akron School of Law
  • Kathy Strandburg, New York University School of Law
  • Kara Swanson
  • Andrew Torrance
  • Katharine Van Tassel, University of Akron School of Law
Abstract

On October 26, 2012, the University of Akron School of Law’s Center for Intellectual Property and Technology hosted its Sixth Annual IP Scholars Forum. In attendance were thirteen legal scholars with expertise and an interest in IP and public health who met to discuss problems and potential solutions at the intersection of these fields. This report summarizes this discussion by describing the problems raised, areas of agreement and disagreement between the participants, suggestions and solutions made by participants and the subsequent evaluations of these suggestions and solutions.

Led by the moderator, participants at the Forum focused generally on three broad questions. First, are there alternatives to either the patent system or specific patent doctrines that can provide or help provide sufficient incentives for health-related innovation? Second, is health information being used proprietarily and if so, is this type of protection appropriate? Third, does IP conflict with other non-IP values that are important in health and how does or can IP law help resolve these conflicts? This report addresses each of these questions in turn.

Keywords
  • public health,
  • intellectual property,
  • TRIPS,
  • patent,
  • healthcare,
  • health,
  • big data,
  • innovation,
  • health care,
  • pharmaceuticals,
  • alternatives,
  • Hatch-Waxman,
  • prizes,
  • collectively governed systems,
  • clinical trials,
  • black box,
  • transparency,
  • Obamacare,
  • privacy,
  • human rights
Publication Date
Fall 2013
Citation Information
Ryan G. Vacca, Jim Chen, Jay Dratler, Tom Folsom, et al.. "Intellectual Property and Public Health – A White Paper" Akron Intellectual Property Journal Vol. 7 Iss. 1 (2013)
Available at: http://works.bepress.com/ryan_vacca/9/