Home » Uncategorized » Is compulsory licensing a real threat to pharmaceutical companies?

Is compulsory licensing a real threat to pharmaceutical companies?

IN ir verslo teisė | IP and Business Law

Authors: Birute Dauderiene, Patent Consultant at METIDADr. Jacekas AntulisAssociated Partner, Head of Patent Division at METIDA

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On 17th May, 2006 the European Parliament and the Council adopted the Regulations on ‘compulsory licensing of patents relating to the manufacture of pharmaceutical products for export to countries with public health problems’ aiming to solve public health problems of the least developed and developing countries and to set a reasonable price for the good and safe medicine. In fact, the compulsory licensing is a distinctive feature of the patent’s protection and is included into the Agreement of the World Trade Organisation (WTO) on Trade Related Aspects of Intellectual Property Rights.

Compulsory licensing enables others to use patented pharmaceutical products without their holders’ permission. Yet, this does not suggest that holder’s rights of a patent are somewhat restricted. On the contrary, they have the full rights of their…

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