Artikel

Second Medical Use Patents - Legal Treatment and Public Health Issues

This paper attempts to give an overview of the debate surrounding the patentability of new therapeutic uses for known active ingredients, both in developed and developing countries. After close scrutiny of international patentability standards, this paper concludes that second medical uses do not qualify perse for patent protection and have only been protected in several jurisdictions by means of a legal fiction. The increasing acceptance of second medical use patents seems to result from strategic patent filling from pharmaceutical companies to extend the life of existing patents, justified mainly for financial reasons. However, these practices have a detrimental impact on generic competition and, hence, on the access to medicines and the public health, in particular in developing countries. Therefore, this paper argues that a sound patent policy in line with public health objectives, in particular, an enhanced access to medicines, should not allow for the grand of second medical use patents.

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Informasi Detail

Judul Seri

Research Paper

No. Panggil

346 048 CLA s

Penerbit

Geneva : South Centre., 2019

Deskripsi Fisik

62 hlm

Bahasa

English

ISBN/ISSN

ISSN 1819 - 6926

Klasifikasi

346 048

Tipe Isi

text

Tipe Media

other

Tipe Pembawa

-

Edisi

December 2019

Subjek

Patents
Legal Treatment
Public Health Issues

Info Detail Spesifik

Clara Ducimetiere is an Early Stage Researcher within the EIPIN Innovation Society European Joint Doctorate programme. She is Researcher and PhD Candidate at the Centre for International Intellectual Property Studies (CEIPI), Univercity of Strasbourg, and the Queen Marry Univercity of London (QMUL). This paper is based on the author's master thesis written under the supervision of Xavier Seuba and defended at the CEIPI.

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