Moderator
Ute Kilger, Patent Attorney, Boehmert & Boehmert
Panelists
Hans Sauer, Deputy General Counsel, VP for IP, Biotechnology Innovation Organization (BIO)
Corey Salsberg, VP, Global Head IP Affairs, Novartis
Robert DeBerardine, Worldwide Vice President, Chief Intellectual Property Counsel, Johnson & Johnson
David Rosen, Partner, Foley & Lardner LLP
Summary
The COVID-19 pandemic has led to unprecedented collaboration between the public and private sectors, and for many, has given rise to new approaches to IP and innovation. At the same time, some have called for a ban on patents on drugs, tests, or vaccines used for the COVID-19 pandemic, out of concern for profiteering, and for governments to prepare to suspend or override patents or take other measures, such as price controls, patent pools, compulsory licenses, to ensure availability, and reduce prices.
The panel will discuss the effects of patents on the development and on the availability of new medicaments and tests in times of COVID-19. There are several measures that can be taken to ensure broad access to medicines quickly in time of a pandemic. Some view IP, and creative uses of IP, as the key to enabling this access, while others view IP as a barrier and are urging limited enforceability of patents or compulsory licenses if needed. There are also measures that are being taken by the industry itself to ensure the availability of tests and drugs against COVID, some IP-related and others not. How effective are such measures? What are the consequences for the industry and the public, for access to COVID medicines today, and for the future of innovation? When we go back to normal how will we deal with such measures, whether voluntary or compulsory? Should or could such measures go beyond the times of a pandemic? What is needed to have a sustainable IP system that provides both: incentives to develop new medicines and ensures access to affordable medicines?
This is a non-CLE event.