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6 J. Intell. Prot. Stud. 1 (2022)

handle is hein.journals/jnloitl6 and id is 1 raw text is: Journal of Intellectual Property Studies Vol. VI (1), January 2022, pp. 1-71 THE PEOPLE'S VACCINE: INTELLECTUAL PROPERTY, ACCESS TO ESSENTIAL MEDICINES, AND COVID-19 MATTHEW RIMMER* Abstract This paper explores intellectual property and access to essential medicines in the context of the COVID-19 public health crisis. It considers policy solutions to counteract vaccine nationalism and profiteering by pharmaceutical companies and vaccine developers. It discusses the campaign for the development of a People's Vaccine led by the People's Vaccine Alliance, UNAIDS, Oxfam and Public Citizen. This paper charts the ACT Accelerator developed by the WHO in order to boost research, development, and deployment of COVID-19 technologies. It comments on the role of the Medicines Patent Pool in the coronavirus crisis, as well as Costa Rica's proposed for a COVID-19 Technology Access Pool. In the context of the coronavirus public health crisis, the article also discusses the use of compulsory licensing and Crown use to counteract profiteering and anti-competitive behaviour. The article takes note of the growing Open Science movement in response to the assertion of proprietary rights in respect of COVID-19 technologies. India and South Africa have put forward a waiver proposal in the TRIPS Council to enable countries to take action in respect of COVID-19 without fear of retribution under trade laws; however, this has been opposed by multiple countries. This paper makes the case that international intellectual property law should accommodate a People's Vaccine. Dr Matthew Rimmer (B.A. LLB ANU, Phd. UNSW) is a Professor in Intellectual Property and Innovation Law at the Faculty of Business and Law in the Queensland University of Technology (QUT). He is also a chief investigator in the Australian Centre for Health Law Research (ACHLR) and the QUT Centre for Behavioural Economics, Society and Technology (QUT BEST). This paper has been supported by a QUT Edge Grant on Intellectual Property and 3D Printing: Public Health, and the Coronavirus. Earlier versions of this paper have been delivered at the QUT Conference on Intellectual Property and Education in the Age of COVID-19 on the 29th July 2020, and the Creative Commons Global Summit 2020 on the 21st October 2020 - as well as during international trade law courses at QUT. The author would like to acknowledge his collaborators in the field of access to essential medicines - including Dr Hafiz Aziz ur Rehman, Dr Muhammad Zaheer Abbas, Associate Professor Bruce Arnold, Associate Professor Wendy Bonython, and Professor Natalie Stoianoff. He would also acknowledge his fellow teachers in international trade law - Dr Anne Matthew and Associate Professor Felicity Deane. The author is also grateful for the assistance of the editorial team of the Journal of Intellectual Property Studies.

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