INTRODUCTION
Although the Covid-19 pandemic seems now a far memory, it is important to not forget that experience. An experience that ultimately impacted so many aspects of our life, from working remotely to wearing a mask, to the realization that, in front of a serious disease on a global scale, the concepts and ideas that no one has ever thought to challenge need to be rediscussed under a new perspective. One of these discussions relates to the complicated relationship between exclusivity and inclusivity, private property and public good, IP and Commons.
When in 1955 the journalist Edward R Murrow asked Jonas Salk, the inventor of the polio vaccine, who owned the patent for that pharmaceutical product, the scientist replied ‘The people, I would say. There is no patent. Could you patent the sun?’. This question nowadays could be slightly reformulated as ‘Should you patent the sun?’ …
Gabriele Cifrodelli, Can you patent the sun? Towards a sui generis inclusive right to manage the relationship between intellectual property and Commons, Journal of Intellectual Property Law and Practice. Published: 30 April 2024.
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