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Legally speaking, patent pledges are comparable to the open source software licenses that underlie much of the world’s technology infrastructure and the Creative Commons licenses that make billions of online images, videos and other content freely available (both discussed here ). Tesla and Toyota) to software (e.g,
It only narrowly modifies compulsory licenses of patents covering COVIDvaccines. Moreover, it imposes additional restrictions on use of compulsory licenses. Moreover, Brazil’s new compulsory license law models another critical feature that domestic laws should have – a way around data exclusivity.
Consider, for instance, the case of COVID-19vaccines. Even those relying on a new type of vaccine technology, such as mRNA vaccines , resulted from well over a decade of R&D in mRNA vaccinology and used vaccine components that were developed well before the COVID-19 pandemic began.
Consider the United States, for example, which made the unprecedented move to leave the WorldHealth Organization (WHO) during the pandemic. Around the same time, it poured billions of dollars to accelerate vaccine development, without obtaining a single contractual commitment to protect global access.
An employee is considered “fully vaccinated” two weeks after completing primary vaccination with a COVID-19vaccine with, if applicable, at least the minimum interval between doses as recommended by the CDC, WorldHealth Organization (“WHO”), or if administered as a part of a clinical trial.
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