Beyond Compulsory Licensing: Pfizer Shares Its COVID-19 Medicines with the Patent Pool

Authors

Chenglin Liu, Saint Mary's University School of LawFollow

Journal Title

New York University Journal of Legislation and Public Policy

Volume

25

Issue

1

First Page

1

Document Type

Article

Publication Information

2022

Abstract

On March 15, 2022, the United States, European Union, India, and South Africa reached an agreement on the waiver of intellectual property rights (IP rights) for COVID-19 vaccines. The waiver agreement has rekindled the debate on the balance between IP rights protection and equitable access to medicines during a public health crisis. India, South Africa, and other developing countries maintain that a waiver was the only way to make vaccines affordable and accessible. Leading pharmaceutical companies argue that the waiver will stifle innovation and make lifesaving medicines less accessible. Both sides have seemingly overlooked Pfizer's voluntary agreement with the Medicines Patent Pool (MPP) to share the IP rights for Paxlovid, the company's highly effective COVID-19 medicine. Based on a careful examination of Pfizer's agreement, this Article argues that the MPP presents an effective alternative to the waiver approach and concludes that the Pfizer- MPP model has the potential to reach an equilibrium between access and innovation

Recommended Citation

Chenglin Liu, Beyond Compulsory Licensing: Pfizer Shares Its COVID-19 Medicines with the Patent Pool, 25 N.Y.U. J. Legis. & Pub. Pol'y 1 (2022).