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5 - Patent Pooling in Public Health

from Part I - Public Health

Published online by Cambridge University Press:  14 September 2018

Margaret Chon
Affiliation:
Seattle University School of Law
Pedro Roffe
Affiliation:
International Center for Trade and Sustainable Development
Ahmed Abdel-Latif
Affiliation:
International Renewable Energy Agency, Abu Dhabi
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Summary

Patent pooling is a relatively new concept in public health that has emerged as an innovative public-private partnership mechanism for the public health management of intellectual property rights with a view to facilitating access and innovation. The success of the Medicines Patent Pool (MPP) as the first patent pool in public health provides lessons on the implementation of this kind of mechanism in the health field. Through its clear public health mandate, access-oriented licensing terms, inclusive governance structure, emphasis on transparency and extensive partnerships, the MPP has proven to be a model that can contribute addressing specific public health challenge. It could also potentially be adapted to address other innovation or access-related challenges in public health. These include disease areas where patent pooling can enhance access to affordable health products in resource-limited settings; instances in which licensing can facilitate follow-on research; areas in which innovative incentives can be combined with patent pooling to facilitate research and development; and situations in which patent pooling can contribute to overcoming patent thickets.
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Chapter

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