"China has the right
under World Trade Organization rules to declare an emergency and compel a
company to license a patent to protect the public. It would be required
to pay a license fee that is deemed fair market value.
The
government might be able to avoid that fee if the patent were granted
to the Wuhan institute, part of the elite Chinese Academy of Sciences.
The
institute said it applied for a “use patent” that specifies the Wuhan
virus as the drug’s target. Gilead’s patent application, filed before
the virus was identified, cites only the overall family of
coronaviruses."
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