This is a brief follow-up to my previous post on the dispute between the EU and China concerning standard essential patents (SEPs). In that post, I discussed how the dispute regarding anti-suit injunctions (ASI) was resolved by Arbitrators at the WTO. In this post, I will be focusing on another aspect of the dispute between… Continue reading EU vs. China (Part 2): Worldwide Licensing Terms for SEPs
Now that the WTO members have finally been able to agree on a TRIPS ‘waiver’ for covid-19 at the 12th Ministerial Conference, it is time to critically evaluate this waiver decision. To start with, the only key waiver in this decision is in its paragraph 3(b) which permits an eligible member to waive Article 31(f)… Continue reading The TRIPS COVID ‘Waiver’ Decision: Rhetorical Action or Realistic Solution?
One of the companies at the fore-front of developing a vaccine for COVID-19, Moderna, has pledged not to enforce its COVID-19 related patents during the pandemic. This is commendable. While recognising that ‘intellectual property rights play an important role in encouraging investment in research’, Moderna stated that: …there are other COVID-19 vaccines in development that… Continue reading Moderna Pledges Not to Enforce COVID-19 related Patents during Pandemic
Emmanuel Oke 