When you think of the patent waiver debate - bear in mind this article here. And the fact that Moderna stated it would not enforce its Covid patent. Some thoughts (thread)
We currently have an innovative sector that evolved around IP. But it is different from what people imagine. People think "oh. A new vaccine. It is patented. So one patent, one vaccine." That is incorrect. /2
mRNA vaccines are subject to a complex maze of patents. Take Moderna. PublicCitizen has identified 12 relevant Moderna-owned patents (some not yet granted). citizen.org/article/modern… /3
But that's not the half of it. Besides Moderna's patents there are others that are relevant. And all of these connect through an intricate net of licenses, sub-licenses etc. (BTW: yes, this is actually the same Tesla) /4 nature.com/articles/s4158…
You'll see that there are universities in the mix, too. Just to bear in mind. There are government grants in there, too. AND THEN there is the stuff you did not get patented. It might be confidential knowledge - by choice kept secret. Or... /5
it's the stuff you fiddle around with. All of this creates a problem: no patent alone enables you to do ... well, anything really. At times a patent might enable you to do next to nothing. But it gets worse /6
Often those patents might be the reason you negotiate a contract that does enable you to do stuff. Including provisions on training, sending staff that helps you get going etc. etc. In short... /7
We might be stuck a bit with this system. That is flawed. Time for reforming the whole patent system (e.g. through stringent utility requirements)?
And besides the stringent utility requirements: allow much simpler, more lenient compulsory licensing to benefit the UN medicines patent pool?
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As @StevePeers@gideonrachman and @BrigidLaffan are discussing the BVerfG, let me indulge in some history... (short thread, yes, I will limit myself to very few key things).
@StevePeers@gideonrachman@BrigidLaffan Arguably the largest challenge the BVerfG posed to the EU system was Solange I in 1974. The Court at that time said it would itself control EU acts - because of a lack of fundamental rights protection.
That issue was resolved in 1986 with Solange II where the Court basically said OK - you now have a fundamental rights catalogue that is fine with us. We'll no longer have to check compliance with the rights of the German Constitution as long as that's the case.
Just to add - “making up“ in world-wide trade what you “lost“ in EU trade is more often than not a state based, aggregate type of rhetoric. In reality, it does not work that way /1
Companies that sold in the EU were not prevented from selling in the US. They sold in the EU because they were able to capture a market position there. They did not sell in the US because they did not capture a position there. /2
If you lose your EU sales, you cannot just compensate for that. Capturing a market position in the US will be just as hard as it was before. The barriers are just the same. The work it requires is identical. /3
On the "who would accept a border in their country" line that is, again, making the rounds. (thread)
It is a line that - take in and of itself - has a lot of appeal. It sounds counterintuitive. I have seen a famous colleague use it, because it appealed to him. /2
But look at it in detail and it becomes more complicated. When a UK politician said with a view to the US "which country would accept agricultural checks between parts of it" - one could not point out that, well, the US accepts them, because there are some between states. /3
Behind the increasing silliness of a tiny fishery dispute getting blown out of proportion there is a serious problem of public discourse in disputes regarding agreements (thread)
At issue in this dispute are a comparatively small number of licenses - important for those who (do not) hold them, but negligible in all other aspects /2
In practice, a short negotiation should have settled this. Or dispute settlement and they decide /3
Comparative constitutional law should be made a mandatory topic in law school. There is an almost automatic incomprehension of systems different from the one you grew up in. And usually in rather drastic terms. (Thread)
This goes every which way. A person from systems with strong judicial review and written constitution learning about UK constitutional conventions needs years to get over that shock. /2
Lawyers from the UK in return are used to one strict all powerful rule - sovereignty of parliament. The one rule to bind them all. Of course, different in other systems. Fights between state and federal courts? Checks and balances? You mean chaos! /3