Contemporary Issues In Pharmaceutical Patent Law
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Contemporary Issues In Pharmaceutical Patent Law
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Author : Bryan Mercurio
language : en
Publisher: Routledge
Release Date : 2017-02-17
Contemporary Issues In Pharmaceutical Patent Law written by Bryan Mercurio and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-02-17 with Law categories.
This collection reflects on contemporary and contentious issues in international rulemaking in regards to pharmaceutical patent law. With chapters from both well-established and rising scholars, the collection contributes to the understanding of the regulatory framework governing pharmaceutical patents as an integrated discipline through the assessment of relevant laws, trends and policy options. Focusing on patent law and related pharmaceutical regulations, the collection addresses the pressing issues governments face in an attempt to resolve policy dilemmas involving competing interests, needs and objectives. The common theme running throughout the collection is the need for policy and law makers to think and act in a systemic manner and to be more reflective and responsive in finding new solutions within and outside the patent system to the long-standing problems as well as emerging challenges
Pharmaceutical Patents In Europe
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Author : Bengt Domeij
language : en
Publisher: BRILL
Release Date : 2021-10-25
Pharmaceutical Patents In Europe written by Bengt Domeij and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-10-25 with Law categories.
The pharmaceutical industry and patent legislation are inextricably linked. Pharmaceutical companies could not exist without some guarantee that they can recoup the cost of developing a new product. European patent law offers this opportunity, as it allows companies to exclude competition for a specific product for a fixed time scale. In Pharmaceutical Patents in Europe the current legal patent situation is examined by a detailed analysis of case law from the European Patent Office (EPO), the international body created with the signing of the European Patent Convention (EPC). Aspects of European patent law not primarily regulated in the EPC, for example Supplementary Protection Certificates and infringement matters, are examined in the setting provided by EC law and domestic laws of European states. This book is written for the reader who understands the main characteristics of patent law and is looking for a practitioner's text on the European pharmaceutical patent law scene. Moreover, the author's remarks can help all readers to look at the field with fresh eyes.
The Incentive Argument In Pharmaceutical Patent Law
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Author : Aaron Poynton
language : en
Publisher:
Release Date : 2022
The Incentive Argument In Pharmaceutical Patent Law written by Aaron Poynton and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022 with categories.
This working paper critically examines the pharmaceutical industry and the incentive argument in patent law. It begins by framing an overview of the industry and patent law, focusing on U.S. and U.K. law, and multilateral agreements, and efforts by international organizations, such as the World Trade Organization (WTO). Next, the paper considers patent incentive arguments on both sides of the issue to provide a well-researched and more balanced perspective. It then views the longstanding debate through the lenses of contemporary issues related to Covid-19 vaccines and the recent patent waivers considered by many countries. Lastly, this paper provides concluding opinions supporting the argument that intellectual property protection is core to innovation in the pharmaceutical industry, but patent waivers may be a necessary tool in certain situations. It concludes by recommending fixing the TRIPS compulsory licensing provision flaws and carefully finding a TRIPS waiver solution that could strike the desired balance between protecting intellectual property (IP) and providing for the common good.
Drugs Patents And Policy
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Author : Bryan Mercurio
language : en
Publisher:
Release Date : 2018-06-28
Drugs Patents And Policy written by Bryan Mercurio and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-06-28 with Business & Economics categories.
A comprehensive review of Hong Kong's pharmaceutical patent law that will influence debate and inform public policy.
Patent Law And Theory
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Author : Toshiko Takenaka
language : en
Publisher: Edward Elgar Publishing
Release Date : 2009-01-01
Patent Law And Theory written by Toshiko Takenaka and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-01-01 with Law categories.
The editor of Patent Law and Theory must be congratulated for assembling a concentration of sheer patent law erudition and scholarship. The title is a noteworthy compilation of 26 well-written, remarkably accessible and thought-provoking essays that goes to great lengths in charting the contours of contemporary thought over the the world s oldest regularly established property right . . . it manages to accomplish an ambitious endeavour of providing a comprehensive view of prevailing issues in the field of patent law and other related fields. . . the interested patent law reader will have much to gain from the fecund material found in the large majority of the title s essays. The world s corpus of patent law research is richer with the publication of this title. John A. Tessensohn, European Intellectual Property Review This major Handbook provides a comprehensive research source for patent protection in three major jurisdictions: the United States, Europe and Japan. Leading patent scholars and practitioners join together to give an innovative comparative analysis both of fundamental issues such as patentability, examination procedure and the scope of patent protection, and current issues such as patent protection for industry standards, computer software and business methods. Keeping in mind the important goal of world harmonization, the contributing authors challenge current systems and propose necessary changes for promoting innovation. Providing useful tips for practitioners to protect their intellectual assets in technologies effectively in the global market, this Handbook will be of great interest to legal scholars and students, as well as lawyers and patent attorneys.
Compulsory Patent Licensing And Access To Medicines A Silver Bullet Approach To Public Health
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Author : Van Anh Le
language : en
Publisher: Springer Nature
Release Date : 2021-10-06
Compulsory Patent Licensing And Access To Medicines A Silver Bullet Approach To Public Health written by Van Anh Le and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-10-06 with Political Science categories.
This timely monograph focuses on India and Brazil’s use of compulsory licensing, one of the most significant and controversial TRIPS flexibilities. This is a topical work at this critical time when the COVID-19 has stirred up the debate about compulsory licensing and access to medicines. A closer look into the historical use of compulsory licences in certain countries can offer some takeaways for the current situation. The author studies historical developments and political conditions of the patent system and compulsory licensing from the earliest stage to the modern arena, with a great emphasis on TRIPS. After conducting a cross-national study of India and Brazil, the book moves on to evaluate the different philosophies on compulsory licensing of multilateral organizations such as the EU, the WIPO, the WTO, and NGOs. This important book will strongly appeal to intellectual property students, academics, policymakers, and lawyers practicing in the area. It will also be of interest to academics working in the areas of international law, development, and public health as well as state actors and others with relevant concerns working in multilateral organizations.
Medical Patent Law The Challenges Of Medical Treatment
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Author : E. Ventose
language : en
Publisher: Edward Elgar Publishing
Release Date : 2011-10-01
Medical Patent Law The Challenges Of Medical Treatment written by E. Ventose and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-10-01 with Law categories.
Ventose makes a fresh, lively and incredibly thorough contribution to the literature in this work. He canvasses the European, English and American authorities in a systematic, methodical and dare I say surgical manner. The book is a must read for practitioners, academics and students alike interested in patentable subject matter, public policy and medico-legal ethics. It will be a welcome addition to any legal collection. Emir Aly Crowne, University of Windsor, Barrister & Solicitor, Law Society of Upper Canada and Co-Founder and Co-Chair, Harold G. Fox Intellectual Property Moot Medical patents are a matter of life and death. Such patents have a critical impact upon patient care, medical research, and the administration of healthcare (and, indeed, are in part responsible for ballooning health care budgets). This comprehensive book by Eddy D. Ventose provides a systematic comparative analysis of medical patents. The work explores the historical taboo against patenting methods of human treatment; charts the spectrum of policy positions on medical patents, ranging from permissive to prohibitive; and examines contemporary battles over patenting methods of medical correlation in the Supreme Court of United States. Matthew Rimmer, The Australian National University College of Law and ACIPA, Australia This book provides a detailed and comparative examination of medical patent law and the issues at the heart of the medical treatment exclusion for therapeutic treatments, surgical treatments and diagnostic methods. It firsts considers the historical basis for exclusion and the development of law and policy in Europe, the United States and other commonwealth countries. The book goes on to provide a detailed analysis of the issues related to new medical technologies, such as gene therapy, dosage regimes, and medical diagnostics, in light of the medical treatment exclusion. Medical Patent Law will strongly appeal to patent agents and attorneys, solicitors and barristers working in patent and intellectual property law and medical law worldwide, as well as medical practitioners and healthcare professionals; scientists, researchers and managers in the chemicals, medical; pharmaceuticals and biotechnology industries. Postgraduates on LLM medical law and intellectual property courses and academics specializing in medical law or patent law, will also find much to interest them.
Trips And Access To Medicines
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Author : Renata Curzel
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2020-12-10
Trips And Access To Medicines written by Renata Curzel and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-12-10 with Law categories.
Although ideally a patent system for pharmaceuticals should serve to incentivize research into the development of new medicines, the COVID-19 pandemic has exposed the equal importance of drug access and affordability. This book, by focusing on the Brazilian rule which makes the grant of pharmaceutical patents dependent on the prior consent of the National Health Surveillance Agency (ANVISA), shows how the Brazilian model affords an example for other countries to follow in dealing with tensions between patent protection and the right to healthcare. Based on an empirical study in which the author examined 147 reports issued by ANVISA as a basis for its decisions, the book deals with such central questions concerning the interface of regulation and innovation in the patent system as the following: compatibility between ANVISA’s prior consent mechanism and the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement; how “evergreening” and “trivial patents” undermine public health and access to medicines; ways of correcting abuses of patent rights and controlling quality of patents; and the discourse on health as a human right. Along with her examination of ANVISA reports, the author analyzes how Article 229-C LPI, which introduced the need of ANVISA’s prior consent to the patent grant of pharmaceuticals in Brazil, has been interpreted in Brazilian case law. Interviews with Brazilian experts are also included. In its commitment to harmonizing patent rights and the right to access of affordable medicines, Brazil’s patent system for pharmaceuticals stands out as a workable response to the basic problem of access to medicines in the developing world. By describing the successes and failures in the Brazilian policy of promoting drug access, this book helps policymakers in developing and emerging countries to better explore TRIPS flexibilities when dealing with similar problems, and provides practitioners in the law of the World Trade Organization, patent law, competition law, and health law with a guide to how a more equitable pharmaceutical patenting system could work in practice.
Pharmaceutical Patent Issues
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Author : Orrin G. Hatch
language : en
Publisher: DIANE Publishing
Release Date : 2000-04
Pharmaceutical Patent Issues written by Orrin G. Hatch and has been published by DIANE Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000-04 with categories.
Witnesses: Michael Kantor, U.S. Trade Rep.; William Brock, former U.S. Trade Rep.; Gerald Mossinghoff, Pharmaceutical Research & Mfrs. of Amer.; Charles Cooper, Shaw, Pittman, Potts & Trowbridge; James Firman, Generic Drug Equity Coalition, & pres., Nat. Council of the Aging; Judith Simpson, United Patients' Assoc. for Pulmonary Hypertension; Robert Gunter, Nat. Pharm. Alliance, & Novo-Pharm; John Klein, Generic Pharm. Ind. Assoc.; Bruce Downey, Barr Labs.; Eran Broshy, Boston Consulting Group; David Beier, Genentech, for the Biotech. Industry Org.; Henry Grabowski, Duke Univ.; Daniel Perry, Alliance for Aging Research; & Dixie Horning, Gray Panthers.
Intellectual Property Medicine And Health
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Author : Johanna Gibson
language : en
Publisher: Ashgate Publishing, Ltd.
Release Date : 2009
Intellectual Property Medicine And Health written by Johanna Gibson and has been published by Ashgate Publishing, Ltd. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Law categories.
Intellectual Property, Medicine and Health examines critical issues and debates in current public health practice and policy, including access to knowledge and medicinal products, human rights and development, innovations in life technologies and the possibility for ethical frameworks for intellectual property law and its application in public health.