Law360 is highlighting IP litigator Mike O’Shaughnessy’s thoughts on the legal, political, and ethical issues involved with pharmaceuticals maker Pfizer’s announcement it has a viable COVID-19 vaccine. In his article, O’Shaughnessy explains why altruism can be a tightrope walk when it comes to intellectual property.
“…intellectual property must be regarded as a foundational asset to protect innovation and drive return on investment and fund additional development,” O’Shaughnessy writes. “When faced with circumstances in which the whole world will need to employ a business' technology to solve a global problem, it is enticing to enforce IP to gain immediate profit and notoriety.”
He also discusses the likely reason Pfizer distanced itself from Pres. Trump’s Operation Warp Speed.
“Indeed, [Pfizer’s] denial of government involvement or financing is likely a line drawn in the sand to fend off any claims that the vaccine falls within the provisions of the Bayh-Dole Act…,” O’Shaughnessy writes.
You can read the full article here.