Dr Aisling McMahon has published a timely article in RTE Brainstorm discussing how patents can affect access to and delivery of healthcare, and how this may impact access to future vaccines and treatments for Covid-19. The article demonstrates that voluntary and compulsory licensing mechanisms can be used to address such issues. Indeed, Irish law provides mechanisms for compulsory licensing of patents where health emergencies arise, or where demand for a product cannot be met by the patent-holder on reasonable terms. There is also an avenue under the Irish Patents Act which allows use of a patented invention in Ireland for service of the Irish State without the patent holder’s consent, and this can include maintaining supplies of products which are essential to the life of the community. Such avenues could be used to mitigate against or address access to medicines issues, however, the article argues that greater clarity is needed around the criteria for using such mechanisms. It also argues that greater support is needed for international voluntary licensing pools/agreements which encourage the temporary sharing of intellectual property rights over medicines/technologies to address Covid-19.
Dr McMahon writes primarily on medical law and patent law. Her recent work in the patent field includes an article in the European Intellectual Property Review (2019) (available here) which examines the marginalisation of ethical issues within legal approaches to gene patenting and the potential effects of such patents on the access to and delivery of genetic testing. This is based on research conducted for a British Academy funded project on the topic. Her 2017 article in in the International Review of Intellectual Property and Competition Law examines the role of the morality provisions in the planned European unitary patent system.
Dr McMahon is an Assistant Professor in Maynooth University Department of Law where her teaching includes a module on Contemporary Issues in Medicine and the Law and a module on Patents, Health and Biotechnologies.