[GOAL] COVID IP waiver request: interesting but not entirely informed?

[Ulrich Herb]

perhaps this might be of interest: in its new research framework programme Horizon Europe the European Commission states this (https://ec.europa.eu/info/funding-tenders/opportunities/docs/2021-2027/common/agr-contr/general-mga_horizon-euratom_en.pdf, p. 102) ...
***
Where the call conditions impose additional exploitation obligations in case of a public
emergency, the beneficiaries must (if requested by the granting authority) grant for a limited
period of time specified in the request, non-exclusive licences — under fair and reasonable
conditions — to their results to legal entities that need the results to address the public
emergency and commit to rapidly and broadly exploit the resulting products and services at
fair and reasonable conditions. This provision applies up to four years after the end of the
action.
***

As there was no such statement in the model grant agreements of earlier framework programmes, I interpret this regulation a direct reaction to the COVID pandemic...


Best regards

Ulrich

----- Am 2. Sep 2021 um 22:07 schrieb Federico Leva (Nemo) nemowiki at gmail.com:

Il 01/09/21 23:25, Heather Morrison ha scritto:
> The WHO letter mentions but does not request what I suggest is a more likely approach to avoiding IP interference with addressing the pandemic in the short term: compulsory licensing.

This is the official reason used by the EU to block the waiver (or at 
least it was until Biden came out in support of it and force everyone to 
change tune).
https://www.keionline.org/36300

It's true that the USA could easily implement compulsory licensing 
overnight, but for other countries it can prove more difficult. There 
are dozens of articles in the KEI website on this matter, I'm unable to 
summarise them. It's highly recommended reading.

Communia, Wikimedia and others have also supported the extension of 
waiver to copyright, see most recently:
https://www.communia-association.org/2021/03/22/communia-supports-the-wto-trips-waiver-for-covid-19/

Best regards,
	Federico
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Mit freundlichen Grüßen

Dr. Ulrich Herb
Saarländische Universitäts- und Landesbibliothek
Referent für elektronisches Publizieren und Open Access, Drittmittel-Projekte

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