Compulsory Licensing of Patents in Times of Public Health Emergency

Authors

Kelsey Truglio, Touro Law Center

Abstract

In March 2020, the United States shut down to avoid the continued spread of the COVID-19 virus as it spread globally. In December 2020, the first COVID-19 vaccines were granted emergency usage authorization in the United States. Wealthy nations were able to quickly purchase and hoard vaccines for public distribution, leaving many third-world countries and developing nations struggling to continue to survive the pandemic without vaccination.

Compulsory licensing should be allowed on otherwise patented or patentable new technology in times of global health emergency, regardless of which entity creates the technology. This will enable governments of countries spanning all wealth levels to manufacture and distribute technology without the obstacles of the high cost of paying the full royalty rate to the patent owner or an excessive wait period while the patent’s monopoly period runs.

Recommended Citation

Truglio, Kelsey (2022) "Compulsory Licensing of Patents in Times of Public Health Emergency," Touro Law Review: Vol. 38: No. 3, Article 9.
Available at: https://digitalcommons.tourolaw.edu/lawreview/vol38/iss3/9