TRADE SECRETS, INTELLECTUAL PROPERTY AND VACCINE

Know-how is a set of intangible techniques and practices characterized by secrecy such as to provide the holder with an economic advantage. Although this definition is not sufficient to ensure patent coverage, trade secrets can nonetheless be protected under law. EU Directive 2016/943 establishes that trade secrets constitute any information that is: a) secret in the sense that “it is not, as a body or in the precise configuration and assembly of its components, generally known among or readily accessible to persons within the circles that normally deal with the kind of information in question”; b) has commercial value because it is secret; (c) has been “subject to reasonable steps under the circumstances, by the person lawfully in control of the information, to keep it secret”. The Covid-19 pandemic caused by a new coronavirus confronted the scientific community with a major challenge: developing a vaccine. An immense effort led to the development and subsequent availability of several effective vaccines and therapies, which, however, are not accessible to the entire world population, especially those in middle and low-income countries. Since research into and development of a new drug entails intangible knowledge and processes protected by trade secret regulations, one hundred international intellectual property specialists have petitioned for a temporary derogation from the TRIPs agreements protecting intellectual property. With its resolution of 10 June 2021, the European Parliament has also come out in favour of a temporary modification to the TRIPs agreements. However, the parties involved have yet to reach a consensus. This study looks at the possible ways in which the parties could achieve an agreement that would protect their rights. - DIRECTIVE (EU) 2016/943 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 8 June 2016 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure (Text with EEA relevance) - Solenne V., P&SLegal, https://www.pandslegal.it/life-science/proprieta-intellettuale-e-salute-in-emergenza/ consulted on 20/04/2022; -Tajoli L., Ispi on line, https://www.ispionline.it/it/pubblicazione/trade-vaccini-liberi-tutti-30436 ; consulted on 20/04/2022; - Zanoli E., Il Sole 24 ore, https://www.ilsole24ore.com/art/vaccini-ostacoli-licenza-obbligatoria-ADoegkPB; consulted on 03/05/2022; - Parlamento Europeo, https://www.europarl.europa.eu/doceo/document/RC-9-2021-0306_IT.html ; consulted on 15/05/2022.