ABSTRACT
This article considers the UK legislative framework for compulsory licensing of intellectual property rights and regulatory exclusivities in the context of access to medicines. In the case of complex medicines, such as vaccines, their manufacturing processes are generally protected not only by patents but also by trade secrets. Yet, under the Patents Act 1977, although there are mechanisms for compulsory licensing or Crown use of patents, there is no equivalent for trade secrets or regulatory exclusivities. The main alternative route for accessing this key information, via a freedom of information (FOI) request to the UK MHRA, is uncertain. The absence of a legal mechanism regarding trade secrets and regulatory exclusivities renders the existing compulsory licensing system unworkable for complex medicines. We propose legislative reform in the form of a new Act to allow compulsory licensing of trade secrets and waiving regulatory exclusivities, noting that this could help build resilience into the UK legal system as part of global pandemic preparedness.
Gurgula, Olga and McDonagh, Luke, On Compulsory Licensing of Trade Secrets (March 25, 2024).
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