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Wednesday, April 08, 2020

Open Covid Pledge - Don't Let Law Impede Finding or Disseminating a Cure

I wrote about the IP/Innovation nexus during a pandemic in this previous post. A new Open Covid Pledge asks all to pledge to "make our intellectual property available free of charge for use in ending the COVID-19 pandemic and minimizing the impact of the disease." Law schools can sign on the pledge too, as can organizations, centers and companies (Intel an Mozilla for example have already pledged).

The pledge will grant:

"every person and entity that wishes to accept it, a non-exclusive, royalty-free, worldwide, fully paid-up license (without the right to sublicense) to make, have made,  use, sell, import, reproduce, adapt, translate, distribute, perform, display, modify, create derivative works of and otherwise exploit all patent, copyright and other intellectual and industrial property rights (other than trademarks and trade secrets) in products, services, compositions of matter, machines, articles of manufacture, processes, and works of authorship that we have the right to license under these terms (the “Licensed IP”), for the sole purpose of ending the “COVID-19 Pandemic” (as defined by the World Health Organization, “WHO”) and minimizing the impact of the disease, including without limitation the diagnosis, prevention, containment, and treatment of the COVID-19 Pandemic."

Posted by Orly Lobel on April 8, 2020 at 04:39 PM | Permalink

Comments

Why one year after the WHO declares the pandemic ended? Why not the very moment the WHO declares the pandemic ended?

So, we're looking at possibly 2-5 years?

No thanks. You can virtue signal if you like. I'll pass.

Posted by: thegreatdisappointment | Apr 11, 2020 9:58:49 AM

thegreatdisappointment -- if you bothered to read the proposed license before criticizing it, you'd know it provides that "[t]his license is effective as of December 1, 2019 and lasts until one year after WHO declares the COVID-19 Pandemic to have ended."

Posted by: needsmorecoffee | Apr 9, 2020 10:39:06 AM

So what counts as 'ending the COVID-19 Pandemic'?

Especially since there is no limitation on what can be considered the diagnosis, prevention, containment, and treatment of COVID-19?

Seems like that would pretty well encompass just about everything--especially since there is no limitation.

Whatever.

Posted by: thegreatdisappointment | Apr 9, 2020 5:56:30 AM

Great pledge, and just, and as much as possible, to mention or give credit to the owner of the right.....Thanks

Posted by: El roam | Apr 8, 2020 6:37:51 PM

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