61 Ariz. L. Rev. 729 (2019)
The Vaccine Race in the 21st Century

handle is hein.journals/arz61 and id is 755 raw text is: 


                         Ana Santos Rutschman*

In a world where infectious diseases spread at increasingly faster rates, the
development of new human vaccines remains a priority in biopharmaceutical
innovation. Legal scholars have addressed different aspects of vaccine regulation
and administration, but less attention has been paid to the role of laws governing
innovation during the stages of research and development (R&D) of vaccines.
This Article explores the race to develop new vaccines from its beginnings through
the early twenty-first century, with a focus on the progressively pervasive role of
intellectual property in   governing   vaccine   innovation. It describes the
insufficiencies of current innovation regimes in promoting socially desirable levels
of vaccine R&D, particularly in the case of emerging pathogens, a phenomenon
that is at odds with public health needs.
Moreover, this Article identifies transactional inefficiencies affecting the licensure
of vaccine technology. In order to address this problem, this Article argues for
adoption of a technology-specific solution and proposes a narrowly construed
take-and-pay regime based on liability rules, enabling access to vaccine
technology by follow-on innovators.

        *    Assistant Professor of Law, Saint Louis University School of Law. S.J.D.,
L.L.M., Duke Law School. For helpful insights and comments, I would like to thank
Heather Bednarek, Sarah Burstein, Greer Donley, Roger Ford, Rob Gatter, Hank Greeley,
Sam Halabi, Tabrez Ibrahim, Camilla Hrdy, Dmitry Karshtedt, Mark Lemley, Aisling
McMahon, Laura Pedraza-Farifia, Govind Persad, Nicholson Price, Anya Prince, Sarah
Rajec, Josh Sarnoff, Andres Sawicki, Jake Sherkow, Cathay Smith, Liza Vertinsky, Helen
Yu, and Patti Zettler. I am also grateful to the participants at the IP Scholars Conference at
Berkeley Law, Health Law Scholars Workshop at Saint Louis University, Faculty
Colloquium at Emory University School of Law, IP Scholars Roundtable at Texas A&M
University School of Law, Public Health Conference at Pontificia Universidad Javeriana of
Bogotdi, Bio Lawlapalooza at Stanford Law School, Manzo Series at DePaul University
College of Law, Health Law Professors Conference at Loyola University of Chicago School
of Law, the Junior IP Scholars Workshops at Northwestern University Pritzker School of
Law, William & Mary Law School, and the Law School at the University of Copenhagen. I
am also indebted to Dr. Stanley Plotkin and Dr. Irene Graham for their assistance with the
scientific aspects of this Article. I would also like to thank the editors of the Arizona Law
Review for thoughtful contributions.

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