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Moderna waiving Intellectual Property rights for the remainder of the pandemic (2020)

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41–50 of 74 posts

Re: Moderna waiving Intellectual Property rights for the remainder of the pandemic (2020)

#41
https://www.nytimes.com/2021/03/21/world/vaccine-patents-us-...

Apparently it’s not as simple as temporarily waiving IP claims. On the one hand they don’t even own some of the rights being waived, and on the other hand they would need to do more than just waiving rights to truly support their stated goal of accelerating immunisation against COVID-19.

This leaves, for me, a weird taste of a PR exercise more than a true commitment to the message they sent out.

Re: Moderna waiving Intellectual Property rights for the remainder of the pandemic (2020)

#42
post #4

https://www.jacobinmag.com/2021/04/moderna-patents-covid-19-... "Moderna’s Pledge Not to Enforce the Patents on Their COVID-19 Vaccine Is Worthless" tldr...all the good stuff are trade secrets.

While I agree with the author that most companies don't disclose their crown jewels in patents, I disagree with the historical perspective that this is somewhat new. Moreover, the author misses the point, in that while patents really don't disclose most of the secrets, they still pose a significant threat to anyone replicating some of the methods, exactly because they are so broad. So yes the patents don't disclose h…

I just want to clarify, I'm neither a fan of the current patent system, nor of Moderna (they are clearly doing it because they see business sense in it).

However, the linked article clearly misrepresents the "value" of patents to companies. They want to (and are) using patents to keep out competitors.

The article seems to make the case that if patents actually would disclose how to make something instead of keeping trade secrets things would be fine. I disagree, having trade-secrets is fine, but abolish patents.

Re: Moderna waiving Intellectual Property rights for the remainder of the pandemic (2020)

#43
post #4

https://www.jacobinmag.com/2021/04/moderna-patents-covid-19-... "Moderna’s Pledge Not to Enforce the Patents on Their COVID-19 Vaccine Is Worthless" tldr...all the good stuff are trade secrets.

That article> This “invulnerable exclusivity” is harmless enough when it protects secret soda formulas and hamburger mystery sauces. It’s less cute when it blocks countries from using their legal right to manufacture and import lifesaving medicines. This is introduced as if random countries have an established legal (rather than moral) right to manufacture these items covered by patent. I wasn’t able to find (in the…

Surely random countries have legal rights to do most things they want to, since they make up their own jurisdictions?

Re: Moderna waiving Intellectual Property rights for the remainder of the pandemic (2020)

#44
post #41

https://www.nytimes.com/2021/03/21/world/vaccine-patents-us-... Apparently it’s not as simple as temporarily waiving IP claims. On the one hand they don’t even own some of the rights being waived, and on the other hand they would need to do more than just waiving rights to truly support their stated goal of accelerating immunisation against COVID-19. This leaves, for me, a weird taste of a PR exercise more than a tru…

What more do you expect from them? The bottleneck - as other comments mentioned - is the supply chain.

Re: Moderna waiving Intellectual Property rights for the remainder of the pandemic (2020)

#45

My understanding used to be that this will not change much on an immediate basis since the nano-particle delivery system + its manufacturing chain are quite complicated and not easily scalable. Does anyone know if this is not the case?

Yup. Moderna doesn’t have much to worry about. Most of the volume of vaccine will be sold in the next 6-12 months, not enough time for another manufacturer to develop the manufacturing capability, validate it and get FDA approval.

Even if new vaccines are needed for new variants, it won’t be easy for another company to catch up when the cycle are 12 months long and then you’re onto the next version.

Re: Moderna waiving Intellectual Property rights for the remainder of the pandemic (2020)

#46

I know making a vaccine is a little different than making strawberry jam, but why is there so little supply of the Moderna vaccine given this situation?

Is there so little supply? I thought there was a glut of vaccines in the US. I just got my second dose of Moderna yesterday (in the US South), and there was nobody at the vaccine center.

Re: Moderna waiving Intellectual Property rights for the remainder of the pandemic (2020)

#47

Earlier quoted context omitted.

It became a race thing when the USA and European powers used race as an explicit justification for the (attempted) rape and enslavement of pretty much the rest of the world.

Do you know that Europe is a continent with many countries?

Yes, and many of them were involved. Would it make the downvoters less upset if I wrote "Western European" instead?

Re: Moderna waiving Intellectual Property rights for the remainder of the pandemic (2020)

#48
post #43

Earlier quoted context omitted.

That article> This “invulnerable exclusivity” is harmless enough when it protects secret soda formulas and hamburger mystery sauces. It’s less cute when it blocks countries from using their legal right to manufacture and import lifesaving medicines. This is introduced as if random countries have an established legal (rather than moral) right to manufacture these items covered by patent. I wasn’t able to find (in the…

Surely random countries have legal rights to do most things they want to, since they make up their own jurisdictions?

Yes, you can have a legal right to manufacture it - which is to say the legal right to try without being sued or breaking a law. That's not the same thing as the legal right to manufacture it successfully, which is what the distinction would be.

The article is blurring the right to attempt to manufacture without legal restriction, and the ability to successfully replicate the formulation. This blurring makes sense from some points of view (especially from Jacobin's POV, and from an argument of immediate justice for the most people), but obviously falls apart from other POVs.

Re: Moderna waiving Intellectual Property rights for the remainder of the pandemic (2020)

#49
post #46

I know making a vaccine is a little different than making strawberry jam, but why is there so little supply of the Moderna vaccine given this situation?

Is there so little supply? I thought there was a glut of vaccines in the US. I just got my second dose of Moderna yesterday (in the US South), and there was nobody at the vaccine center.

I should perhaps noted that I was speaking from an EU perspective. The US seems to be doing great, I wish I could say that we are as well.

Re: Moderna waiving Intellectual Property rights for the remainder of the pandemic (2020)

#50

A critical view of this pledge, separately posted on HN: https://www.jacobinmag.com/2021/04/moderna-patents-covid-19-... https://news.ycombinator.com/item?id=26941571 TL;DR: Patents these days are effectively worthless at reproducing the invention, they only function as a legal way to stop competitors.

On the up side, the patented technique, including even the "withheld" parts, ought to be worthless by the time it expires, anyway.

We need legislation to eliminate withholding essential parts of what is patented.

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