INTELLECTUAL PROPERTY PROTECTION IN PHARMACOLOGY AND PHARMACEUTICS: RUSSIAN AND FOREIGN EXPERIENCE
Journal Title: Вісник Одеського національного університету. Правознавство - Year 2016, Vol 21, Issue 2
Abstract
This article is dedicated to problematic experience, that the intellectual property rightholder may face in the sphere of pharmacology and pharmaceutics. It is displayed, what kind of measures are taken by the legal system, judicial system and rightholders in order to minimize the negative outcome caused by these problems. Intellectual property insurance mechanism is being analyzed as one of the effective methods of loss reduction for rightholders. Pharmaceutical and medical device manufacturers argue that the current patent system is crucial for stimulating research and development (R&D), leading to new products that improve medical care. The financial return on their investments that is afforded by patent protection, they claim, is an incentive toward innovation and reinvestment into further R&D. But this view has been challenged in recent years. Many commentators argue that patents are stifling biomedical research, for example by preventing researchers from accessing patented materials or methods they need for their studies. Patents have also been blamed for impeding medical care by raising prices of essential medicines, such as antiretroviral drugs, in poor countries. This debate examines whether and how patents are impeding health care and innovation. The question posed in the title of this debate seems to be a simple one, but there is a complex spectrum of answers depending on how one interprets the question. In this article, the author researches different interpretations and their corresponding answers.
Authors and Affiliations
M. G. Drobyshev
Keywords
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