{"status":"ok","message-type":"work","message-version":"1.0.0","message":{"indexed":{"date-parts":[[2022,4,3]],"date-time":"2022-04-03T15:39:31Z","timestamp":1649000371808},"reference-count":23,"publisher":"Elsevier BV","content-domain":{"domain":[],"crossmark-restriction":false},"short-container-title":["SSRN Journal"],"DOI":"10.2139\/ssrn.3572353","type":"journal-article","created":{"date-parts":[[2020,5,6]],"date-time":"2020-05-06T11:37:18Z","timestamp":1588765038000},"source":"Crossref","is-referenced-by-count":0,"title":["Treating Diagnostics: Protecting In Vitro Diagnostic Testing in an Uncertain \u00a7 101 Landscape"],"prefix":"10.2139","author":[{"given":"Emily","family":"Rich","sequence":"first","affiliation":[],"role":[{"role":"author","vocabulary":"crossref"}]}],"member":"78","reference":[{"key":"ref1","journal-title":"263 Furthermore that compulsory licensing \"diminish[es] the purpose of the patent system by reducing inventors' incentive to develop new technologies [by] encouraging inventor to keep inventions secret"},{"key":"ref2","article-title":"266 Opponents also argue that compulsory licensing does not allow a company to \"recoup the investment in research and development to make a sufficient profit for them to remain in the business\" and \"diminish[es] the incentives for innovati[on]systems\" and are \"sometimes diametrically opposed to the patent system","journal-title":"Contrary to common misconceptions, companies subject to compulsory licensing had a significant rise in investment because rather than"},{"key":"ref3","author":"Correa"},{"key":"ref4","first-page":"1291","article-title":"Note, Compulsory Patent Licensing for Efficient Use of Inventions","volume":"1275","author":"Joseph A Yosick","year":"2001","journal-title":"U. ILL. L. REV"},{"key":"ref5","doi-asserted-by":"publisher","author":"Correa","DOI":"10.3109\/9780203490891-5"},{"key":"ref6","article-title":"Rule of Reason\" to TRIP's Compulsory Licensing Provision, 26 NEW ENG","volume":"669","author":"Dora Kripapuri","year":"2002","journal-title":"Comment, Reasoned Compulsory Licensing: Applying U.S. Antitrust"},{"key":"ref7","author":"Correa","year":"1982","journal-title":"at 17 (citing Pankaj Tandon, Optimal patents with compulsory licensing"},{"key":"ref8","author":"Kripapuri"},{"key":"ref9","author":"Kyung-Bok Son"},{"key":"ref10","author":"Id"},{"key":"ref11","doi-asserted-by":"publisher","author":"Id","DOI":"10.1016\/s1096-2883(04)00113-5"},{"key":"ref12","author":"U S The","journal-title":"also has created compulsory licenses when the public interest is at stake. For example, the U.S. was going through an energy crisis in 1973. To become energy dependent, the Federal Non-Nuclear Energy Research and Development Act (ERDA) in 1974 allowed for recommendations on"},{"key":"ref13","journal-title":"In many jurisdictions, public health is considered to be a strong public interest. Art. 8 of the TRIPS agreement states that Member States should"},{"key":"ref14","journal-title":"318 The World Health Organization published a list on \"essential diagnostic tests\" that improve public health in 2018.319 Additionally, some countries consider access to IVD tests vital to public"},{"key":"ref15","journal-title":"can be a broad swath of circumstances, it is important to define the scope of \"public health"},{"key":"ref16","journal-title":"Essential Diagnostics, supra note 33"},{"key":"ref17","author":"Zimmeren"},{"key":"ref18","author":"Id"},{"key":"ref19","author":"Id"},{"key":"ref20","doi-asserted-by":"publisher","author":"Id","DOI":"10.1016\/s1096-2883(04)00113-5"},{"key":"ref21","article-title":"The ability to test at scale appears to have been crucial -though far from the only -means by which China, South Korea, Singapore, and other countries have been able to control their epidemics","author":"Robert P Baird","year":"2020","journal-title":"Why Widespread Coronavirus Testing Isn't Coming Anytime Soon, THE NEW YORKER"},{"key":"ref22","article-title":"The Lost Month: How a Failure to Test Blinded the U.S. to Covid-19","author":"D Michael","year":"2020","journal-title":"NEW YORK TIMES"},{"key":"ref23","article-title":"While countries like Germany and South Korea have flattened the curve of the COVID-19 pandemic through widespread testing, the US has seen cases surge. Many blame that meteoric rise, in part, on bottlenecks in diagnosing the novel coronavirus","author":"Megha Satyanarayana","year":"2020","journal-title":"Companies are racing to develop COVID-19 test for the U.S"}],"container-title":["SSRN Electronic Journal"],"original-title":[],"language":"en","deposited":{"date-parts":[[2020,5,18]],"date-time":"2020-05-18T18:45:34Z","timestamp":1589827534000},"score":1,"resource":{"primary":{"URL":"https:\/\/www.ssrn.com\/abstract=3572353"}},"subtitle":[],"short-title":[],"issued":{"date-parts":[[2020]]},"references-count":23,"URL":"https:\/\/doi.org\/10.2139\/ssrn.3572353","relation":{},"ISSN":["1556-5068"],"issn-type":[{"value":"1556-5068","type":"electronic"}],"subject":[],"published-other":{"date-parts":[[2020]]},"published":{"date-parts":[[2020]]}}}