Addressing Global Health Inequities: An Open Licensing Approach for University Innovations,

20 Berkeley Tech. L.J. 1031 (2005).

Amy Kapczynski, Samantha Chaifetz, Zachary Katz, and Yochai Benkler

The paper describes a new approach to university licensing that could help alleviate some of the issues with access to medicines that bedevil poorer countries.  Specifically, it proposes that universities as a whole include a standard set of provisions in their licenses that requires licensees to permit competitors, primarily generics manufacturers, to produce patented treatments whose production partly depends on university patents, immediately upon their availability, but limited solely to distribution in low and middle income countries.  The paper provides a detailed explanation of why this solution is feasible, and why it is better than certain alteratives described.  While the approach outlined will not solve all access to medicines concerns, it is well-designed to deal at least with a large subcategory of medicines that have markets in both wealthy and poorer countries. 

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© 2005 Amy Kapczynski, Samantha Chaifetz, Zachary Katz, and Yochai Benkler.  This article is available under the terms of the Creative Commons Attribution License.  To view a copy of these licenses, visit or write to Creative Commons, 559 Nathan Abbott Way, Stanford, California 94305, USA.” Any use under this license must carry the notation “First published in Berkeley Technology Law Journal, Vol. 20, p. 1031 (2005).”