Intellectual Property Rights in the Post Pandemic World: An Integrated Framework of Sustainability, Innovation and Global Justice(Elgar Intellectual Property and Global Development series)

The drastic impact of the COVID-19 pandemic highlighted many of society’s systemic inequalities. This timely and prescient book explores the role that Intellectual Property Rights (IPRs) played in the pandemic and argues for developing a framework of sustainability, innovation, and global justice in IPR systems, to build a more globally sustainable regime. IPRs impact products and processes which address fundamental societal needs, yet innovation is largely incentivised by the granting of exclusive rights which can limit accessibility to new products and technologies. In light of the COVID-19 pandemic, Intellectual Property Rights in the Post Pandemic World adopts a cross-disciplinary approach to analyse the relationship between IPRs, sustainability, innovation and the circular economy. Chapters examine pressing issues concerning responding to crises, inventions, the circular economy, follow-on innovation and multi-stakeholder collaboration, among others, as possible ways to finance sustainability. Throughout, this book focuses on how the IP system was challenged by the events of the pandemic, with a view to understanding how IPRs can be used to promote progressive social and sustainable innovation in the future. This book will be beneficial for researchers in intellectual property law and development law along with practitioners and policy makers. It will also prove valuable for students with a particular interest in law, social sciences and public health.

Table of Contents:
Contents: 1 Intellectual property rights in the post pandemic world: an introduction 1 Taina Pihlajarinne, Jukka Mähönen and Pratyush Nath Upreti PART I NEW PARADIGMS OF INTELLECTUAL PROPERTY RULES IN COVID-19 2 A critical appraisal of the COVID-19 TRIPS waiver 11 Peter K. Yu 3 An elusive response from developed countries to a TRIPS waiver request to address COVID-19 31 Carlos Correa and Nirmalya Syam 4 Crisis, invention, and innovation 57 Shubha Ghosh 5 Alternative IP theories 75 Hans Morten Haugen 6 Intellectual property, friendship and the pandemic: a reflection 95 Pratyush Nath Upreti PART II TRANSFORMING IP TOWARDS GLOBAL JUSTICE WITH INNOVATION AND SUSTAINABILITY 7 Rethinking intellectual property through decoloniality and other lenses 118 Yousuf A. Vawda 8 The right to research as guarantor for sustainability, innovation and justice in EU copyright law 138 Christophe Geiger and Bernd Justin Jütte 9 Trademark, privacy and data protection 170 Tianxiang He and Qingchuan Xie 10 Artificial intelligence, patents and health innovation 188 Enrico Bonadio and Magali Contardi 11 IP, medical AI and public health crisis 205 Yahong Li PART III SHAPING INTELLECTUAL PROPERTY FINANCING FOR SUSTAINABLE INNOVATION 12 Relationship and intersections between intellectual property, property (as security) and circular economy 225 Sean Thomas 13 The UNDP Accelerator Lab Network 246 Matthew Rimmer 14 The potential of follow-on innovation financing instruments to support a sustainable transition 277 Natacha Estèves, Alina Wernick and Suelen Carls 15 IPR and beyond 299 Dhanay Cadillo-Chandler, Rosa Maria Ballardini and Jouko Nuottila 16 Seeking and hiding: corporate disclosure norms, enhancing non-financial information transparency using the technology readiness level (TRL) system 319 Janice Denoncourt 17 Conclusions: towards a (new) framework of sustainability, innovation and global justice for intellectual property 348 Taina Pihlajarinne, Jukka Mähönen and Pratyush Nath Upreti Index 352

About the Author :
Edited by Taina Pihlajarinne, Professor of Copyright Law, University of Helsinki, Jukka Mähönen, Professor of Cooperative Law, University of Helsinki, Finland, and Professor of Law, University of Oslo, Norway and Pratyush Nath Upreti, Senior Lecturer in Intellectual Property Law, School of Law, Queen's University Belfast, UK

Review :
‘This is a timely and much-needed book, which provides important insights into the “what’s next?” of intellectual property on a global scale: by stressing the relationship between innovation, sustainability and global justice, this book brings to the fore the multi-faceted nature of intellectual property and the need for “fairness” to be part of the relevant ecosystem of rights and interests, as well as free spaces and the public domain.’ ‘Intellectual Property Rights in the Post Pandemic World offers thought-provoking, reflective, and nuanced insights into the intersection of intellectual property, sustainability, and innovation in a rapidly evolving landscape following the global pandemic. This work not only illuminates the complex terrain but also presents alternative perspectives rooted in real-world challenges. It charts a path towards a more equitable and adaptive global intellectual property landscape, compelling us to rethink, reimagine, and rebalance the intellectual property system.’ ‘This book addresses fundamental questions of intellectual property rights in the aftermath of the pandemic in a variety of contributions by an international authorship. It makes an up-to-date contribution to the current discussion on the role of intellectual property rights in the international context of sustainability, innovation and global justice.’