James Thew – stock.adobe.com Compulsory Licensing and March-in Rights in COVID-19 Vaccine Production
March-in rights are a measure intended to protect against nonuse or unreasonable use of federally funded inventions. The federal agency under whose funding agreement the subject invention was made has the right to require the granting of a license to a responsible applicant.
September 29, 2021 at 11:00 AM
9 minute read
Discussions of a waiver by the World Trade Organization (WTO) regarding certain intellectual property protections for prevention, containment and treatment of COVID-19 have once again put a spotlight on compulsory licensing and march-in rights. Undeniably the COVID-19 pandemic has changed our lives and the way we do things. However, discussions of compulsory licensing and march-in rights are not new. In the U.S., laws historically have been enacted that affect intellectual property rights during times when the need for technology was of utmost importance.
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