Pharmaceutical innovation, incremental patenting and compulsory licensing : trends in pharmaceutical patents in selected developing countries; implications for innovation and access to medicines - final report

Date

2011

Journal Title

Journal ISSN

Volume Title

Publisher

IFARMA, Bogotá, CO

Abstract

A critical conclusion from this analysis is that patent strategies in the pharmaceutical industry can reduce access to drugs. Patents on minor variants of existing products have been used to block legitimate generic competition, significantly increasing the cost of medicines. The application of low standards of patentability does not promote innovation in pharmaceuticals in the studied countries (Argentina, Brazil, Colombia, India and South Africa). The study of patents granted in the five countries shows the acceptance of overly broad claims, an overwhelming dominance of foreign patenting, and little research and development activities in relation to diseases that predominate in developing countries.

Description

Keywords

PATENTS, EVERGREENING, LOCAL INNOVATION, MEDICINES, COMPULSORY LICENSE, RESEARCH AND DEVELOPMENT, PHARMACEUTICAL INDUSTRY, INTELLECTUAL PROPERTY, DEVELOPING COUNTRIES

Citation

DOI