Of course, not every group has the benefit of timing witness The Format, an indie-pop duo who issued two beloved LPs (2003’s Interventions + Lullabyes and 2006’s Dog Problems) of whimsical, 70’s-inspired pop but never quite found their footing in the mainstream, though they received their fair degree of accolades within the scene. That album, and particularly single “ The Middle”, caught the leading edge of emo’s mainstream breakthrough, a wave they rode to platinum success. And in the early 00’s, Jimmy Eat World caught the same magic as the Gin Blossoms when their beautiful 1999 album Clarity sunk without a trace, the band cut ties with Capitol and recorded their follow-up, the equally excellent Bleed American, on their own. Tracks like “ Hey, Jealousy” and “ Found Out About You” might have been buried in the “college rock” world just a few years prior (indeed, “Hey Jealousy” didn’t catch on with radio until nearly a year after its release) the Gin Blossoms arrived just as alternative became mainstream, and reaped the rewards.Ī few years later, Roger Clyne-fronted power-poppers the Refreshments found buzz-bin success with the cheeky “ Banditos” though their star faded fast, they’ve maintained their popularity in Arizona to this day as their alter-egos, Roger Clyne & The Peacemakers. In the early 90’s, the Gin Blossoms ran off a series of massive hits due in no small part to some fortuitous timing. That’s not coincidence - the Phoenix / Tempe / Mesa metro has a long legacy of acts who have found success (and just as importantly, acceptance) making radio-friendly rock music. The Maine are but one of a number of pop-centric rock bands to arise out of Phoenix, Arizona in the late 2000s. Moreover, the Article also recommends complementary modifications to domestic law to similarly promote affordable essential treatments while preserving innovation even in non-pandemic situations.The Maine - Ho Ho Hopefully (Featuring Eisley) This Article provides concrete suggestions to meet this goal while still ensuring adequate incentives for innovation. Hopefully, by considering IP on pandemic treatments as global public goods, this treaty could help prevent another global vaccine apartheid. This is a timely issue now that the World Health Organization has begun negotiations for a global pandemic treaty, with the *110 goal of being better prepared for inevitable future pandemics. Recognizing the existence and influence of IP nationalism is an essential first step to better address IP constraints and distortions in the context of public health. This approach is consistent with historical policy underlying IP norms, which recognizes that IP exclusivity sometimes needs to yield to other interests such as public health. On the other hand, if the trade secrets were considered global public goods and policy makers enacted laws accordingly, then companies would be forced to share them. Especially for effective mRNA vaccines, manufacturing involves trade secret processes that are, by definition, secret a waiver of liability for stealing trade secrets does not grant other companies access to trade secrets. In most instances, the proposed waiver alone would not facilitate creation of COVID-19 vaccines by new manufacturers. Instead, a global public goods approach would involve actively sharing knowledge on COVID-19 treatments. The global public goods approach goes beyond the (original) waiver of international IP obligations proposed by India and South Africa that simply removes liability. This Article advocates that countries jettison IP nationalism in favor of a polar-opposite framework-a “global public goods” approach, where IP on essential medical treatments is freely available to all. Meanwhile, countries and pharmaceutical companies obscure the role of IP nationalism by highlighting red herrings as the alleged main barriers to vaccine access. This Article argues that IP nationalism has contributed to millions of unnecessary deaths and limited the growth of the global economy. Essentially, some nations, primarily of the Global North, are hoarding essential knowledge protected by intellectual property (IP). Stories about nations engaging in vaccine (and medical) nationalism by hoarding limited COVID-19 vaccines and treatments are widespread, but there is a hidden phenomenon that has exacerbated vaccine nationalism and prolonged the pandemic: intellectual property nationalism or “IP nationalism.” This Article coins and explains this term and highlights its negative impacts.
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