Author : Julio J. Nogués
Publisher : World Bank Publications
Page : 46 pages
File Size : 39,90 MB
Release : 1990
Category : Developing countries
ISBN :
Lengthen effective patent protection in industrial countries and press developing countries to introduce patent protection. These two tactics have become important parts of the R&D-intensive pharmaceutical industry's strategy to regain losses in market share associated with more stringent drug safety regulations and increased competition from generic drug companies.
Author : Shashank Upadhye
Publisher :
Page : 643 pages
File Size : 24,23 MB
Release : 2008
Category : Generic drugs
ISBN : 9780314991447
Author : Renata Curzel
Publisher : Kluwer Law International B.V.
Page : 325 pages
File Size : 49,48 MB
Release : 2020-12-10
Category : Law
ISBN : 9403528745
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.
Author : Ellen F. M. 't Hoen
Publisher :
Page : 136 pages
File Size : 39,80 MB
Release : 2009
Category : Agreement on Trade-Related Aspects of Intellectual Property Rights
ISBN : 9789079700066
In The Global Politics of Pharmaceutical Monopoly Power, researcher and global advocate Ellen 't Hoen explains how new global rules for pharmaceutical patenting impact access to medicines in the developing world. The book gives an account of the current debates on intellectual property, access to medicines, and medical innovation, and provides historical context that explains how the current system emerged. This book supports major policy changes in the management of pharmaceutical patents and the way medical innovation is financed in order to protect public health and, in particular, promote access to essential medicines for all. The Open Society Institute provided support to translate this report into Russian.
Author : Joseph M. Gabriel
Publisher : University of Chicago Press
Page : 345 pages
File Size : 42,90 MB
Release : 2014-10-24
Category : History
ISBN : 022610821X
During most of the nineteenth century, physicians and pharmacists alike considered medical patenting and the use of trademarks by drug manufacturers unethical forms of monopoly; physicians who prescribed patented drugs could be, and were, ostracized from the medical community. In the decades following the Civil War, however, complex changes in patent and trademark law intersected with the changing sensibilities of both physicians and pharmacists to make intellectual property rights in drug manufacturing scientifically and ethically legitimate. By World War I, patented and trademarked drugs had become essential to the practice of good medicine, aiding in the rise of the American pharmaceutical industry and forever altering the course of medicine. Drawing on a wealth of previously unused archival material, Medical Monopoly combines legal, medical, and business history to offer a sweeping new interpretation of the origins of the complex and often troubling relationship between the pharmaceutical industry and medical practice today. Joseph M. Gabriel provides the first detailed history of patent and trademark law as it relates to the nineteenth-century pharmaceutical industry as well as a unique interpretation of medical ethics, therapeutic reform, and the efforts to regulate the market in pharmaceuticals before World War I. His book will be of interest not only to historians of medicine and science and intellectual property scholars but also to anyone following contemporary debates about the pharmaceutical industry, the patenting of scientific discoveries, and the role of advertising in the marketplace.
Author : Robin Feldman
Publisher : Cambridge University Press
Page : 165 pages
File Size : 32,79 MB
Release : 2017-06-09
Category : Law
ISBN : 131673949X
While the shockingly high prices of prescription drugs continue to dominate the news, the strategies used by pharmaceutical companies to prevent generic competition are poorly understood, even by the lawmakers responsible for regulating them. In this groundbreaking work, Robin Feldman and Evan Frondorf illuminate the inner workings of the pharmaceutical market and show how drug companies twist health policy to achieve goals contrary to the public interest. In highly engaging prose, they offer specific examples of how generic competition has been stifled for years, with costs climbing into the billions and everyday consumers paying the price. Drug Wars is a guide to the current landscape, a roadmap for reform, and a warning of what is to come. It should be read by policymakers, academics, patients, and anyone else concerned with the soaring costs of prescription drugs.
Author :
Publisher : DIANE Publishing
Page : 129 pages
File Size : 21,42 MB
Release : 2002
Category :
ISBN : 1428951938
Author : Martin A. Voet
Publisher : BrownWalker Press
Page : 240 pages
File Size : 49,43 MB
Release : 2020-05-01
Category : Law
ISBN : 1627347461
This Sixth Edition of The Generic Challenge provides important new updates on current regulatory, legal and commercial issues affecting brand and generic pharmaceutical products, including new laws establishing generics for biologics, and changes brought about by the recently enacted America Invents Act. It explains clearly and understandably the roles of patents, FDA regulation of drugs and the Hatch Waxman Act in commercial drug development in light of generic challenges and how improvements in innovative drug products provide benefits to patients while extending the commercial lives of the drugs. There is simply no other book of its kind on this important subject.
Author : Philip W. Grubb
Publisher : Oxford University Press, USA
Page : 0 pages
File Size : 38,7 MB
Release : 2016
Category : Law
ISBN : 9780199684731
The nature and origins of patent rights -- Historical developments -- Harmonization of patent law -- What can be patented -- Filing a patent application -- Obtaining a granted patent : patent cooperation treaty procedure -- Obtaining a granted patent : European patent office procedure -- Obtaining a granted patent : national procedures -- Maintaining a patent in force and extending the patent term -- Enforcing patent rights -- Invalidity and amendment of granted patents -- Chemical inventions -- Pharmaceutical inventions -- Biotechnological inventions -- Patenting of genes, plants, and animals -- The patent practitioner and his function -- Drafting the patent specification -- Drafting the claims -- Prosecution of the patent application to grant -- Inventorship, ownership, and compensation -- Commercial exploitation of patents -- How to catch the infringer and how not to be caught -- Patent aspects of licensing -- Patents and competition law : United Kingdom and European Union -- Patents and competition law : United States
Author : Kenneth C. Shadlen
Publisher : Edward Elgar Publishing
Page : 353 pages
File Size : 11,77 MB
Release : 2011-01-01
Category : Medical
ISBN : 0857938614
'This impressive collection offers fascinating new perspectives on the impact of pharmaceutical patents on access to medicines in developing countries. The volume's editors have put together an important book that sets out clearly the challenges to public health in a wide range of national contexts. The book will be a valuable text for all scholars and decision-makers interested in the global politics of intellectual property rights and public health.' – Duncan Matthews, Queen Mary, University of London, UK This up-to-date book examines pharmaceutical development, access to medicines, and the protection of public health in the context of two fundamental changes that the global political economy has undergone since the 1970s, the globalization of trade and production and the increased harmonization of national regulations on intellectual property rights. With authors from eleven different countries presenting case studies of national experiences in Africa, Asia and the Americas, the book analyzes national strategies to promote pharmaceutical innovation, while at the same time assuring widespread access to medicines through generic pharmaceutical production and generic pharmaceutical importation. The expert chapters focus on patents as well as an array of regulatory instruments, including pricing and drug registration policies. Presenting in-depth analysis and original empirical research, this book will strongly appeal to academics and students of intellectual property, international health, international political economy, international development and law.
