Pharmaceutical innovation, incremental patenting and compulsory licensing
Date
2011
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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.
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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