The New Intellectual Property of Health: Can IP be Used to Save Lives?

Print this page 10-10-2017

BMM Bulletin 2017-2, p. 35-38, Alberto Alemanno & Enrico Bonadio: "The New lntellectual Property of Health provides the first legal and policy analysis of the intellectual property (lP) aspects of a rapidly growing category of regulatory measures affecting the presentation of certain health-related goods as diverse as tobacco, alcohol, unhealthy foods, and pharmaceuticals. By unearthing a possible tension between these measures and lP regimes, the book explores how to balance the legitimate interests of governments to promote public health with the proteetion of lP assets. The breadth of the analysis, however, goes beyond providing a mere assessment of the compatibility of these innovative measures with lP rights as enshrined in international, European and domestic regimes as well as investment treaties. The rapid diffusion of these measures across jurisdictions calls for some redefinition of the nature of rights offered by lP legislations, especially in relation to trademarks and, in particular, for a new balancing of lP rights protection with the promotion of public health. lndeed, while these measures carry the promise to enhance public health protection, they require the development of some innovative uses of lP protection."