Terms, Conditions and Challenges for the Protection of Pharmaceutical Patents in Legal Systems in the Event of Accession to the World Trade Organization

1Somayeh Rahmani, Amir Mahdi Ghorbanpoor Zarehshuran

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Abstract:

Today, various diseases such as AIDS, malaria and others are on the rise in human societies, despite the relative expansion of public health around the world. Therefore, the pharmaceutical industry is among the most important industries that need to be supported so that inventors of new drugs are motivated enough to produce more effective drugs. On the other hand, the undeniable benefits of protecting pharmaceutical patents for developed and least developed countries are considered as a serious threat that may endanger the public health of these societies. Under such circumstances, it must be determined which of the two principles (public health as a basic right of every human or protection of pharmaceutical patents as exclusive rights of its owners) should be preferred and prioritized? One of the most important issues that is directly and indirectly focused in the World Trade Organization is the public health, especially the drug trade and the protection of pharmaceutical patents. The organization has consistently protected the exclusive rights of pharmaceutical patentees to maintain a balance between public health and freedom of access to medicines. Each of the legal systems that seek to access to the WTO may face problems because of these two issues. This study was conducted aimed at examining the conditions and challenges for the protection of pharmaceutical patents in legal systems in the event of accession to the WTO.

Keywords:

protection of pharmaceutical patents, WTO, TRIPS Agreement, Doha Declaration on public health.

Paper Details
Month3
Year2020
Volume24
IssueIssue 4
Pages8228-8238