Bericht
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 per se 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 filing 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 grant of second medical use patents.
- Sprache
-
Englisch
- Erschienen in
-
Series: Research Paper ; No. 101
- Klassifikation
-
Sozialwissenschaften, Soziologie, Anthropologie
- Thema
-
Arzneimittel
Generika
Immaterialgüterrechte
Internationales Patentrecht
Gesundheitsversorgung
Entwicklungsländer
Welt
- Ereignis
-
Geistige Schöpfung
- (wer)
-
Ducimetière, Clara
- Ereignis
-
Veröffentlichung
- (wer)
-
South Centre
- (wo)
-
Geneva
- (wann)
-
2019
- Handle
- Letzte Aktualisierung
-
10.03.2025, 11:41 MEZ
Datenpartner
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Objekttyp
- Bericht
Beteiligte
- Ducimetière, Clara
- South Centre
Entstanden
- 2019
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