PLMET:

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Alternative title:

Controversy over the patenting of pharmaceutical products – a critical analysis

ORCID:

0000-0002-5305-4729

Subject and Keywords:

patents   monopoly   innovations   pharmacy   medicinal products

Abstract:

The institutionally granted patent monopoly on pharmaceutical products is justified both on the basis of legal and economic considerations. However, unusually strong competition on the pharmaceuticals market means that companies use their exclusive rights to take actions contradictory to the principles of fair competition and the realization of public interest. Such actions raise strong resistance and become the basis for postulates formulated in the source literature to limit or even abolish the possibility of patenting pharmaceutical products. At the same time, attempts to eliminate such practice, not only based on national regulations, but also on international agreements, very often resemble David’s uneven fight with Goliath. The aim of the article is to present and organize the arguments of opponents of patenting pharmaceutical products. The research method used for its implementation is a critical analysis of the source literature and jurisprudence case studies. The conclusions resulting from the publication point to the need to constantly take up the problem in a holistic way, taking into account perspective of various scientific disciplines and economic practice.

Place of publishing:

Wrocław

Publisher:

E-Wydawnictwo. Prawnicza i Ekonomiczna Biblioteka Cyfrowa. Wydział Prawa, Administracji i Ekonomii Uniwersytetu Wrocławskiego

Date issued:

2020

Detailed Type:

e-książka

Identifier:

ISBN: 978-83-66601-24-6 (druk)   ISBN: 978-83-66601-25-3 (online)

DOI:

10.34616/23.20.124

Language:

pol   eng

Relation:

(E-Monografie ; No. 170)

Is part of:

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Access rights:

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

License:

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

Rights holder:

Copyright by Wydział Prawa, Administracji i Ekonomii Uniwersytetu Wrocławskiego

Autor opisu:

WR U/PAdal