Authors: Lauren Kane and Sharon Adedapo, Research Assistants on the PatentsInHumans Project, Department of Law and Criminology and ALL Institute, Maynooth University.
Late on a dark Tuesday night, we arrived in Antwerp, with our hearts racing with excitement and anticipation. We had both never attended an international intellectual property conference before, and the 20th Annual Conference of the European Policy for Intellectual Property (EPIP) organisation, which took place between 10-12th September, was a great first one to attend. We were joined by Professor Aisling McMahon, Principal Investigator of the European Research Council funded PatentsInHumans project which we both work on who accompanied us on our way to Antwerp, excited for what the next few days would bring. This year’s EPIP conference theme was ‘Turning IP Ambitions into Action: Creating Connection, Collaborations, and Communities’, and it set the tone for every session, roundtable, and keynote speech.
The next morning, we had a chance to briefly explore the beautiful city of Antwerp before the conference officially started in the early afternoon. We reflected on what the conference had in store for us as we explored the city, taking in the stunning architecture. The conference officially began with an opening session introduced by Prof Esther van Zimmeren (Professor at University of Antwerp, Belgium, and President of EPIP) and Prof Catarina Sganga (Professor at Sant’Anna Pisa, Italy, and Former President of EPIP), also featuring an inspiring poem performed by Seun Lari-Williams (PhD researcher at the University of Antwerp). Following this, there was a keynote address from Prof Caroline Ncube (Professor and Research Chair of Intellectual Property, Innovation and Development at the University of Cape Town, South Africa, and a member of the PatentsInHumans international advisory board). In her keynote address, which was entitled “From ambition to action: the role and rightful place of Intellectual Property in the quest for sustainable development”, Professor Ncube reflected on the role of IP in achieving sustainable development. In doing so, she opened the conference by discussing how Intellectual Property (IP) can address and enable sustainable development, using three guiding concepts – internalise, conceptualise, and learn. Specifically, she argued that in order for stakeholders to move from ambition to action in the Sustainable Development Goals (SDG) context, we must first pause to consider how to internalise (including by considering the development aspects embedded within Intellectual Property instruments), contextualise (situate within local context, needs and capabilities) and learn (learn from the field – through examples and practical experiences). Her comments on the SDGs which aim to meet the needs of the present, without compromising needs of those in the future, resonated deeply with us. She reminded us that in the quest for sustainable development, Intellectual Property (IP) is only one instrument among many. Additionally, turning our ambitions into action requires us to seek and develop a meaningful understanding of the context and our world. Over the next few days, across coffee breaks, presentations, and roundtables, we began to observe how these concepts played out in real life. As we observed academics, practitioners, judges, and legislators participate in discussions around the role of IPRs within a range of contexts. Such discussions enabled us to internalise the conference’s central theme, which is that ambition by itself is not enough – it is only made possible through action which includes the need for collaboration, connections, and a contextual understanding.
Throughout the conference, we had the opportunity to attend sessions on a range of cutting-edge areas in Intellectual Property (IP), including an intriguing session on the topic of ‘Lessons from the COVID-19 Pandemic for IP Licensing Practices in Vaccine Production’ chaired by Prof Duncan Matthews (Professor of Intellectual Property Law at Queen Mary University of London, and member of the PatentsInHumans international advisory board). This themed session focused on the results of a recent British Academy-funded project and included talks from project members: Prof Duncan Matthews, Prof Esther van Zimmeren, Dr Zaneta Zemła-Pacud, and Dr Eduardo Mercadante Santino De Oliveira.
Alongside attending conference sessions, we were both delighted to have the opportunity to present a paper at EPIP. On Thursday afternoon, Prof Aisling McMahon and Lauren Kane co-presented a paper in the ‘IP and Access to Health Technologies’ session on Thursday afternoon, entitled; ‘Patents and Access to Patented Health-Technologies in Everyday Healthcare Contexts: Implications and Limitations of Addressing Access Issues Through a Right to Health Approach.’ This paper explored whether, and to what extent, the right to health could be used at the national level by patients, and States, to secure broader access to patented emerging health technologies.
We were also joined by fellow Maynooth University colleague, Dr Karen Walsh, who presented a paper entitled: “Towards Harmonisation? Cross-border Jurisdiction and Decision-Making in the European Patent System” which discussed institutional interactions in the complex field of the European patent system and the impact of convergence and divergence in recent Unified Patent Court case law.
After two days filled with insightful presentations and discussions, on Thursday night, we attended the official EPIP conference dinner at a beautiful venue that overlooked Antwerp. Beyond enjoying the delicious food and music, it was an opportunity to connect with people we had not met before and create connections in a more casual setting.After an amazing conference dinner, on Friday morning, Prof Aisling McMahon and Sharon Adedapo presented their co-authored paper entitled ‘Edwards v Meril – Injunctions as a Remedy for Patent Infringement for Health Technologies: A Critical Analysis of the Unified Patent Court’s Discretion to Balance Patient Interests and Rightsholder Interests’ in the ‘IP and Dispute Resolution’ panel. This paper examined the newly created Unified Patent Court’s (UPC), exploring the discretion of the UPC to consider patient interests in injunction cases over life-saving medical devices, and analysed the recent UPC’s decision in Edwards Lifesciences v Meril (2024).
For us, attending this first international conference was more than just a sharing of ideas, it was about finding our place as early-career researchers in a vibrant and friendly community dedicated to using Intellectual Property (IP) to create a more sustainable and fair society. In addition, the central theme of the conference, ‘Turning IP Ambitions into Action’ reminds us of the importance of ensuring that academic research catalyses change within society, and brings real-world impact. One important aspect of this is ensuring that research is disseminated in an inclusive and accessible manner, which is also a key value of the Ideas in ALL blog.
This theme also resonates with the values of the PatentsInHumans Project, which aims to translate IP ambitions into action. PatentsInHumans explores the bioethical issues posed by patents, and how such patents are used over technologies related to the human body. The project aims to bridge the gap between the patent system and bioethics, towards the ultimate goal of reconceptualising and reconfiguring the European patent system to enable a more-person centred approach. You can find out more about the PatentsInHumans project, including ongoing work at: www.patentsinhumans.
Finally, we would like to express our appreciation and gratitude to the EPIP Organising Committee for organising this wonderful conference. In particular, we would like to make special mention of Prof Esther van Zimmeren (Professor at University of Antwerp, Belgium, and President of EPIP) and Prof Catarina Sganga (Professor at Sant’Anna Pisa, Italy, and Former President of EPIP), the local organising committee, and the board of EPIP.
This research is funded by the European Union (ERC, PatentsInHumans, Project No. 101042147). Views and opinions expressed are however those of the author only and do not necessarily reflect those of the European Union or the European Research Council Executive Agency. Neither the European Union nor the granting authority can be held responsible for them.
