In the specific case of Moderna vs Pfizer, maybe an equitable trade secret swap? Pfizer could simply agree to let Moderna produce its own version of Paxlovid.
In the long run, we really need to revisit the Bayh-Dole Act. It’s not unreasonable for the government to retain some rights to intellectual property that’s the result of federally funded research, whether it’s from grants or because the government agrees ahead of time to purchase the finished product.
In the specific case of Moderna vs Pfizer, maybe an equitable trade secret swap? Pfizer could simply agree to let Moderna produce its own version of Paxlovid.
In the long run, we really need to revisit the Bayh-Dole Act. It’s not unreasonable for the government to retain some rights to intellectual property that’s the result of federally funded research, whether it’s from grants or because the government agrees ahead of time to purchase the finished product.