Abstract

The study analyses, especially in an international context and in the context of the SARS-Cov-2 pandemic, the current relevance of issuing a compulsory patent right license (or patent application) — id est, national patent, European patent or via Patent Treaty Cooperation —, the transfer of technology (know-how) and access to test data, by other companies (public or private), submitted to the competent health authority and regarding vaccines and other inputs necessary to overcome or lessen the effects of this pandemic. The analysis carried out reveals that, by itself, this compulsory license is not the most appropriate legal tool to increase the availability of vaccines and other essential substances and processes to face the aforementioned pandemic at a global level.

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