Overriding drug and medical technology patents for pandemic recovery: a legitimate move for high-income countries, too

Abstract

Compulsory licenses are legal tools to override patent-protection on medicines and medical technologies. Compulsory licenses can help scale up the production and lower prices of patent-protected medicines while still accounting for the patent holder’s interests. Compulsory licensing is making a comeback in high-income countries as a negotiation strategy and a legal tool to remedy high prices and/or supply shortages of medicines and medical technologies. High-income countries that face potential legal hurdles (in world trade law and/or in the regulation of test data and market exclusivity) to effectively use compulsory licensing in the COVID-19 pandemic should consider taking measures now.