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Introduction

We are facing a new life-threatening virus, rapidly spreading on a global scale, for which there is currently no effective treatment or vaccine. Thankfully, this crisis has been met by an explosion of innovation and new product development, supported by incredible generosity from pharmaceutical and medical device companies that are pooling their resources, making accessible their relevant intellectual property (IP) and supplying products for free or at cost. While the unprecedented sharing of IP is highly commendable to combat the pandemic, companies should be mindful of the manner in which their IP is protected and shared to avoid potentially adverse consequences to their IP rights and sustainable product development in the longer term.

Companies will also need to be aware that some governments are considering extreme measures such as the use of compulsory licensing to allow third parties to use new technologies while avoiding patent infringement. This is concerning because