Open Lecture Series on Intellectual Property for Commoning Medical Technologies and Tackling Present and Future Pandemic Outbreaks

The COVID-19 pandemic has brought us an unprecedented impact in all dimensions of our lives. To tackle this situation, scientists and civil activists around the globe worked hard to bring an eventual cure to this pandemic – vaccines. Although the global community, along with the WHO, has fought for public production and equitable distribution of …

Critical study on patent infringements and presumption of negligence

Abstract Presumption of negligence in finding liability of patent infringements was introduced in the Korea Patent Act of 1974 by imitating the Japanese Patent Act amendment of 1959. Interestingly, the Japanese amendment was motivated by the UK Patent Act of 1949 which exempted the monetary liability of an innocent infringer. This was a misunderstanding of …

Webinar: Vaccine democracy and the role of local civil societies

COVID-19 brings about another inequality – vaccine inequality. As evidently revealed by figures of “39 million v. 25“, 39 million vaccine doses had been administered in high-income countries, low-income countries have been given only 25 doses. The Director General of the World Health Organization called this “a catastrophic moral failure”, but the reality is the …

Open Lectures on Intellectual Property for Commoning Medical Technologies

Intellectual property system purports to promote technological innovation and transfer of technology. However, the existence of IP system does not automatically guarantee the innovation and transfer of technology. Depending on the design and operation of IP system, it can either promote or hinder technological innovation. The transfer and dissemination of technology pledged by WTO members …

The Supreme Court ruled in supportive of public health policy in olanzapine patent dispute

In Olanzapine patent disputes, the Supreme Court ruled as we claimed. See, decision in Lilly Korea v. Hanmi and decision in Lilly Korea v. Myung-In (all in Korean). The Court did not recognize that generic companies are liable for the reduction of upper price limit of patented product, Zyprexa (Olanzapine) even when the reduction was …

Contribution of piracy to the purchase of copyrighted contents

Piracy is a political term used to label to every unauthorized use of copyrighted content as “illegal looting,” and to justify strengthened copyright enforcement . The copyright industries, including MPAA, BSA and IFPI, have estimated huge economic harms caused by piracy. Yet some literature show piracy having a positive effect on legal purchases of cultural …

South Korean President has to act as what he claimed at the WHA 73

The following statement was released on June 3, 2012 by tens of civil society organizations including Knowledge Commune. On May 29, 2020, the World Health Organization called governments, non-governmental organizations, scientists, researchers, and civil societies for a solidarity to action for equitable global access to COVID-19 health technologies. We endorse and welcome the WHO’s Solidarity …

COVID-19 and Knowledge Commons

According to the incentive theory of intellectual property law, an exclusive right granted to intellectual property stimulates further innovation and creativity. In the face of COVID-19 crisis, we don’t have therapeutic and vaccine. Rapid innovation in responding COVID-19 is more urgent than ever.  Then, we have to grant, in accordance with the incentive theory, greater …

COVID-19 and Open Access

The spread of Coronavirus was discovered by collaborations of researchers not by researchers’ competition or race to monopoly right. Unlike intellectual property rights on health technologies, copyrighted materials which are related to COVID-19 have been widely and voluntarily shared. This open access movement is expanded to other materials such as online educational materials and distance …

Reforming proposals for the existing patent-approval linkage system

Abstract In order to implement the Korea-US FTA, the drug approval-patent linking system was introduced in the Pharmaceutical Affairs Act on March 15, 2015. Five-years implementation experience has provoked discussion for reforming the linkage system, and the government-led discussion focuses on procedural reform and the problems revealed in the operation of the system. However, since …