Latest Publication: The New Intellectual Property of Health
Together with Enrico Bonadio of City University London, I edited a soon-to-be-published collection which looks at the intellectual property aspects of a rapidly-growing category of regulatory measures affecting the presentation and advertising of certain health-related goods. The key goods examined are tobacco, alcohol, food and pharmaceuticals.
By unearthing a possible tension between these measures and IP regimes, it explores how to balance the legitimate interests of governments to promote public health with the protection of IP assets. The breadth of the analysis, however, goes beyond providing a mere assessment of the compatibility of these innovative measures with IP rights as enshrined in international, European and domestic regimes as well as investment treaties. The rapid diffusion of these measures across jurisdictions calls for some redefinition of the nature of rights offered by IP legislations, especially in relation to trademarks and, in particular, for a new balancing of IP rights protection with the promotion of public health. Indeed, while these measures carry the promise to enhance public health protection, they require the development of some innovative uses of IP protection.
Our introductory chapter is available here.