Pharmaceutical innovation, incremental patenting and compulsory licensing

Date

2011

Authors

Journal Title

Journal ISSN

Volume Title

Publisher

South Centre, Geneva, CH

Abstract

The analysis suggests that local firms in developing countries are better supported in a framework where patent protection for minor incremental innovations is not allowed. The study also suggests that with the application of well-defined patentability standards, governments could avoid spending the political capital necessary to grant and sustain compulsory licenses. Patents over minor incremental developments (‘evergreening’ patents) may be used to exclude generic competition, blocking access to affordable drugs. If patent applications were correctly scrutinized, there would be no need to have recourse to such measures.

Description

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Keywords

PHARMACEUTICAL INDUSTRY, COMPULSORY LICENSE, EVERGREENING, ACCESS TO MEDICINE, COMPETITION POLICY, INTELLECTUAL PROPERTY, PATENTS, INNOVATION SYSTEMS, DEVELOPING COUNTRIES, LOCAL INDUSTRY, LICENSING, GLOBAL SOUTH, LOCAL INDUSTRY, LICENSING, GLOBAL SOUTH, ARGENTINA, COLOMBIA, BRAZIL, INDIA, SOUTH AFRICA

Citation

DOI