$1 Billion Johnson & Johnson COVID-19 Contract Weakens IP and Data Protections for Taxpayers

On November 7, 2020, the Department of Health and Human Services (HHS) posted another COVID-19 vaccine contract: the $1 billion agreement between Janssen Pharmaceutical (a component of Johnson & Johnson (“J&J”)) and the U.S. government (through an intermediary called Advanced… Continue Reading

Regeneron COVID-19 Contract Weakens the Government’s Rights in Data

On November 5, 2020, Regeneron Pharmaceuticals published a redacted version of the contract awarding the company $450 million taxpayers’ dollars for the large-scale manufacture of Regeneron’s investigational COVID-19 antibody treatment. The contract uses Other Transactions Authority to weaken the U.S.… Continue Reading

Regeneron $450 million contract with Advanced Technology International has Patent Rights Clause that Narrows Government Rights in Patented Inventions

A contract between Regeneron and Advanced Technology International (ATI) involving $450 million in taxpayer funding uses the “Other Transactions Authority” or OTA, to avoid Bayh-Dole safeguards on patent rights. ATI is entering into purchase agreements on behalf of the Department… Continue Reading

U.S. Government funding of Lilly’s LY-CoV555 antibody against COVID-19

Lilly recently requested an emergency use authorization for LY-CoV555, an antibody treatment candidate against COVID-19. Like other COVID-19 candidates, the discovery of LY-CoV555 was heavily supported by the U.S. government. The government of Canada has also awarded millions to manufacture… Continue Reading

WTO TRIPS Council (October 2020): European Union dismisses concerns that IPRs are a barrier to COVID-19 medicines and technologies

On Friday, 16 October 2020, the European Union provided the following perspectives during a three hour debate on the proposed waiver from certain provisions of the TRIPS Agreement for the prevention, containment and treatment of COVID-19 co-sponsored by Eswatini, Kenya,… Continue Reading

WTO TRIPS Council (October 2020): Hungary answers queries posed by South Africa regarding Hungarian compulsory licensing provisions

At the October 2020 session of the World Trade Organization’s (WTO) TRIPS Council, under agenda item 1, IP measures in the context of COVID-19, the European Union read out Hungary’s detailed responses to questions posed in July 2020 (at the… Continue Reading