@article{50157,
      recid = {50157},
      author = {Cifrodelli, Gabriele,},
      title = {Can you patent the sun? Towards a sui generis inclusive  right to manage the relationship between intellectual  property and Commons.},
      pages = {1 online resource (pages 705-716)},
      abstract = {This paper, by adopting the Covid-19 vaccine as a case  study, argues that some pharmaceutical drugs should be  considered as Commons, ie goods that are managed and owned  by the public at large, and not as private  property—exclusivity—of pharmaceutical companies. The  reasons of such a strong argument are, on the one side, the  conspicuous public-funding contribution to develop Covid-19  vaccines and other essential life-saving treatments, and,  on the other side, the search for a human and  equity-oriented Global Health Security.  It is true that,  from a legal perspective, vaccines can be patented, leading  to questionable practices in the pharmaceutical industry,  such as patent thickets. However, an alternative and fairer  path, which would result in the theorization of a Commons  for the vaccine, can be pursued. In particular, the actual  types of Commons in the IP law field—the public domain,  exceptions/limitations to patents and open innovation  instruments such as IP pledges—present some issues in  relation to enforceability. By forwarding the concept of  ‘negative spaces’ to the patent realm, these spaces should  not only claim to not enforce IP but also be able to  ‘enforce that non-enforcement’.  Therefore, this paper, by  building on the work of the author Dusollier, advances the  idea that from the inclusivity, which is the typical  feature of every Commons, a sui generis inclusive right can  be envisaged and applied in the context of the vaccine, by  rethinking the relationship between IP and Commons.},
      url = {http://tind.wipo.int/record/50157},
      doi = {https://doi.org/10.1093/jiplp/jpae044},
}