Repository of University of Wroclaw

Object structure

click here to follow the link

Patent monopoly on pharmaceutical products

patents innovations monopoly medicinal products pharmacy

Od 2013: Ekonomia – Wroclaw Economic Review

Discussions concerning patenting of pharmaceutical products require aparticularly careful selection of postulates as they affect the fundamental area of human functioning — the issue of health and life. Both supporters of maintaining exclusive rights and their adversaries, therefore, reach for arguments that justify the validity of their position. These arguments are very diverse, but both sides of the on-going debate mention primarily those of an economic and legal nature. The first of these are related to emphasizing the amount of necessary financial effort and the need to motivate entities to undertake research. Postulates of the second type point to the possibility of applying exceptions to generally applicable regulations. The purpose of the publication is to picture arguments of one of the parties — those that sanction the maintenance of existing solutions within the scope of exclusive rights for pharmaceutical products. The research method is acritical analysis of the source literature in the fields of economics and law as well as jurisprudence study of cases. The conclusions point to the need for further, compatible problem-taking, both on the literature level and through specific solutions of jurisprudence practice, without which a consensus seems impossible.

ISSN 0239-6661 ISSN 2658-1310

10.19195/2658-1310.26.3.3

The use of this material is allowed only with accordance of applicable rules of fair use or other exceptions provided by law, and any broader use requires the permission of the authorized entity

Making materials available on the basis of the agreement with the owner of the property copyrights

Copyright by Wydawnictwo Uniwersytetu Wrocławskiego Sp. z o.o., Wrocław 2020 Copyright by CNS