About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline



64 Wash. U. J. L. & Pol'y 167 (2021)
The COVID-19 Vaccine Race: Intellectual Property, Collaboration(s), Nationalism and Misinformation

handle is hein.journals/wajlp64 and id is 177 raw text is: 










                 THE   COVID-19 VACCINE RACE:
       INTELLECTUAL PROPERTY, COLLABORATION(S),
              NATIONALISM AND MISINFORMATION

                        Ana   Santos Rutschman*


                                 ABSTRACT

    The  COVID-19 pandemic has brought a national and global vaccine
race.  This  Article  examines   the race  with   respect to  contemporary
frameworks   for biopharmaceutical research and  development.   Specifically,
this Article focuses on  the effect of patents, pre-production  agreements,
public-private  partnerships,  and  vaccine  misinformation.   This  Article
analyzes  lessons  learned from  the  COVID-19 pandemic, advocates for
promoting  vaccine  affordability and equity, and suggests  modifications to
existing preparedness  frameworks   to prepare  for upcoming   outbreaks  of
infectious disease.

*      Assistant Professor of Law, Saint Louis University School of Law, Center for Health Law
Studies, Center for International and Comparative Law. S.J.D., LL.M., Duke Law School. This essay
benefited from early-stage discussions at the following events, held remotely due to the COVID-19
pandemic: the panel on Innovation During COVID-19: From Vaccines to Open-Source Ventilators to
Homemade Masks, organized by the NYU Law School Engelberg Center on Innovation Law and Policy
and the R Street Institute; the panel on IP Protection and Access to Medical Technology in Health
Emergencies, organized by the World Trade Institute in Berne; and the First Mini-Conference on
Coronavirus and Law, organized by the University of Oklahoma College of Law. I am also grateful to
Nathan Gardner for outstanding research assistance.


167