A research project led by Professor MAEDA Takeshi of Kobe University Graduate School of Law entitled ‘An Interdisciplinary Study on Medical Research and Development: Rescuing Intellectual Property Rights in Pandemic Emergencies from the "Tragedy of the Anticommons" has been selected for the ‘JRP-LEAD with UKRI’ program. In this program, the Japan Society for the Promotion of Science (JSPS) and UK Research and Innovation (UKRI) provide funding for selected collaborative research projects between Japan and the UK.
Selected Topic
An Interdisciplinary Study on Medical Research and Development: Rescuing Intellectual Property Rights in Pandemic Emergencies from the "Tragedy of the Anticommons"
Research Background
During a crisis such as a pandemic, there are many legal issues that do not normally occur regarding medical research and drug development. For example, there are situations where it is necessary to use another person’s intellectual property (such as patents), however this can obstruct the development of urgent treatments and vaccines if the permission cannot be obtained from the copyright holder. In addition, the drug’s quality, effectivity and safety must be confirmed, and getting it approved in accordance with the particular country’s regulations often takes years.
Research Outline
This research will focus on the so-called ‘tragedy of the anticommons’ aspect of the legal system and how it can hinder drug development during a pandemic. Anticommons is a phenomenon whereby multiple entities own exclusive rights to one shared property, which results in the overall rights being unobtainable. The aim of this research is to illuminate how anticommons issues occur in relation to drug development and to find alternative ways for policymakers to resolve such issues. This will be used to inform government policies for future pandemics.