Addressing Global Health Inequities: An Open Licensing Approach for
University Innovations,
20 Berkeley Tech. L.J. 1031 (2005).
Amy Kapczynski, Samantha Chaifetz, Zachary Katz, and Yochai Benkler
Abstract
The paper describes a new approach to university licensing that could
help alleviate some of the issues with access to medicines that bedevil
poorer countries. Specifically, it proposes that universities as
a whole include a standard set of provisions in their licenses that
requires licensees to permit competitors, primarily generics
manufacturers, to produce patented treatments whose production partly
depends on university patents, immediately upon their availability, but
limited solely to distribution in low and middle income
countries. The paper provides a detailed explanation of why this
solution is feasible, and why it is better than certain alteratives
described. While the approach outlined will not solve all access
to medicines concerns, it is well-designed to deal at least with a
large subcategory of medicines that have markets in both wealthy and
poorer countries.
Full text
© 2005 Amy Kapczynski, Samantha Chaifetz,
Zachary Katz, and Yochai Benkler. This article is available under
the terms of the Creative Commons Attribution License. To view a copy of these licenses, visit
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Any use under this license must carry
the notation “First published in Berkeley Technology Law
Journal, Vol.
20, p. 1031 (2005).”