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Attempting to Mitigate COVID-19: Does the Public Readiness and Emergency Preparedness Act Provide Patent Infringement Immunity?
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Samuel E. Higgs
Published/Copyright:
June 21, 2022
Abstract
This article analyzes various legal defenses and immunities against patent infringement liability during COVID-19 under the Public Readiness and Emergency Preparedness Act (“PREPA” or “Act”). Although initially enacted in response to the 2001 Anthrax attacks, PREPA was once again invoked in response to COVID-19 under the authority of the Secretary of Health and Human Services (the “Secretary”). Through declarations issued by the Secretary, the scope of the original Act inferably expanded in a pursuit to mitigate the public health emergency of COVID-19. The nature of this review primarily focuses on the uncertainties surrounding the extent and practical legal applications of this expansion.
Keywords: COVID; COVID-19; SARS-CoV-1; virus; outbreak; PREPA; Public Readiness and Emergency Preparedness Act; patent; intellectual; property
Published Online: 2022-06-21
© 2022 Walter de Gruyter GmbH, Berlin/Boston
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Articles in the same Issue
- Frontmatter
- Introduction
- Introduction to Volume XIII
- Articles
- Operation Warp Speed: A Legal Analysis of the Vaccine Development Process and How We Got Here
- Attempting to Mitigate COVID-19: Does the Public Readiness and Emergency Preparedness Act Provide Patent Infringement Immunity?
- Dallas, Houston, and San Antonio Public Health Ordinance During COVID-19. Are They Constitutional?
- Contact Tracing in the COVID-19 Pandemic: How Digital Contact Tracing Affects Our Individual Rights
Keywords for this article
COVID;
COVID-19;
SARS-CoV-1;
virus;
outbreak;
PREPA;
Public Readiness and Emergency Preparedness Act;
patent;
intellectual;
property
Articles in the same Issue
- Frontmatter
- Introduction
- Introduction to Volume XIII
- Articles
- Operation Warp Speed: A Legal Analysis of the Vaccine Development Process and How We Got Here
- Attempting to Mitigate COVID-19: Does the Public Readiness and Emergency Preparedness Act Provide Patent Infringement Immunity?
- Dallas, Houston, and San Antonio Public Health Ordinance During COVID-19. Are They Constitutional?
- Contact Tracing in the COVID-19 Pandemic: How Digital Contact Tracing Affects Our Individual Rights
