A view on the protection of intellectual property rights for pharmaceuticals in a globalized context. Key connotations derived from having legal certainty promoting foreign investment
Journal Title: Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytety Vnutrishnikh Sprav - Year 2018, Vol 0, Issue
Abstract
The purpose of this article is to investigate and analyse on the impact that granting compulsory li-censes on patents for pharmaceuticals to third parties have, while also negatively affecting the exclusive rights of the patent holder. Patents on pharmaceuticals still continues to be a controversial topic both in Argentina, and in developing countries. As a general principle, we can state that compulsory licensing violates exclusive rights of the patent holder. With the enactment of Law 24.481 on patents and industrial utility models, Argentina aligned its intellectual property framework to that of developed countries, following a requirement made by the World Trade Organization (WTO) in what it concerns to the agreement on the aspects of intellectual property rights related to trade –ADPIC/TRIPs--. However, there are some stilllanguage flaws in the wording of the Law 24481 as those related to (i) the lack of definition of the economic compensation that the patent holder is entitled to receive in the event a compulsory license is granted to a third party on the former’s patent, and (ii) the lack of fixed parameters or standards to calculate such compensation. These flaws are affecting the business context in terms of legal certainty, and investors appear to skeptical at the time of deciding an investment.
Authors and Affiliations
Ricardo Furfarro
Keywords
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- EP ID EP547725
- DOI 10.31733/2078-3566-2018-2-134-146
- Views 105
- Downloads 0
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