scholarly journals Intellectual Property Rights and Innovation: Evidence from Health Care Markets

2016 ◽  
Vol 16 ◽  
pp. 53-87 ◽  
Author(s):  
Heidi L. Williams
2020 ◽  
Vol 22 (1) ◽  
pp. 43-51
Author(s):  
Sarah J. Donkers ◽  
Megan C. Kirkland ◽  
Marc Charabati ◽  
Lisa C. Osborne

CME/CNE Information To access the article, post-test, and evaluation online, go to http://www.cmscscholar.org.Activity Available Online: The target audience for this activity is physicians, physician assistants, nursing professionals, and other health care providers involved in the management of patients with multiple sclerosis (MS).Target Audience: Learning Objectives: Accreditation Statement: In support of improving patient care, this activity has been planned and implemented by the Consortium of Multiple Sclerosis Centers (CMSC) and Delaware Media Group. The CMSC is jointly accredited by the Accreditation Council for Continuing Medical Education (ACCME), the Accreditation Council for Pharmacy Education (ACPE), and the American Nurses Credentialing Center (ANCC), to provide continuing education for the healthcare team. The CMSC designates this journal-based activity for a maximum of 1.0 AMA PRA Category 1 Credit(s)™. Physicians should claim only the credit commensurate with the extent of their participation in the activity.Physician Credit: The CMSC designates this enduring material for 1.0 contact hour (none in the area of pharmacology).Nurse Credit: Editor in Chief of the International Journal of MS Care (IJMSC), has served as Physician Planner for this activity. He has disclosed relationships with Springer Publishing (royalty), Qr8 (receipt of intellectual property rights/patent holder), Biogen (receipt of intellectual property rights/patent holder, speakers' bureau), GW Pharma (consulting fee), and Adamas Pharmaceuticals (contracted research). Laurie Scudder, DNP, NP, has served as Reviewer for this activity. She has disclosed no relevant financial relationships. Sarah J. Donkers, PT, PhD, has disclosed no relevant financial relationships. Megan C. Kirkland, MSc, has disclosed no relevant financial relationships. Marc Charabati, BSc, has disclosed no relevant financial relationships. Lisa C. Osborne, PhD, has disclosed no relevant financial relationships. The peer reviewer for IJMSC has disclosed no relevant financial relationships. The staff at IJMSC, CMSC, and Delaware Media Group who are in a position to influence content have disclosed no relevant financial relationships. Note: Financial relationships for some authors may have changed in the interval between listing these disclosures and publication of the article.Disclosures: Francois Bethoux, MD, Method of Participation: Release Date: February 1, 2020 Valid for Credit Through: February 1, 2021 In order to receive CME/CNE credit, participants must: Statements of Credit are awarded upon successful completion of the post-test with a passing score of >70% and the evaluation. There is no fee to participate in this activity. This educational activity may contain discussion of published and/or investigational uses of agents that are not approved by the FDA. CMSC and Delaware Media Group do not recommend the use of any agent outside of the labeled indications. The opinions expressed in the educational activity are those of the faculty and do not necessarily represent the views of CMSC or Delaware Media Group.Disclosure of Unlabeled Use: Participants have an implied responsibility to use the newly acquired information to enhance patient outcomes and their own professional development. The information presented in this activity is not meant to serve as a guideline for patient management. Any medications, diagnostic procedures, or treatments discussed in this publication should not be used by clinicians or other health-care professionals without first evaluating their patients' conditions, considering possible contraindications or risks, reviewing any applicable manufacturer's product information, and comparing any therapeutic approach with the recommendations of other authorities.Disclaimer:


Author(s):  
Pamela Andanda

Abstract Big data is revolutionising the health care sector by making it easier to analyse large volumes of data. This enables health care providers to monitor individuals or systems in real time. However, the main concern with regard to big data in biomedicine is how to overcome the barriers to using such data for health-related research. The landscape of big data is still evolving and the law has not developed suitable principles for governing access to big data. This paper sketches the fuzzy contours of data ownership and related intellectual property rights to demonstrate that ownership is a concept that is ill-suited for governing rights in big data. The dawn of big data calls for an alternative normative framework. This framework must be capable of reconciling competing societal, individual and industries’ interests in the data with a view to ensuring fair access while minimising legal and ethical risks. Ultimately, the paper proposes a paradigm shift from ownership to custodianship in the governance of access and use of big data, particularly in international health-related research.


Author(s):  
Анастасія Ротаєнко

The article explores the issues of maintaining the balance of interests of subjects of intellectual property rights and society in the field of medicine and pharmacy. Historically, Ukraine has come a long way in recognizing the area of intellectual property as one that needs legal protection. Nowadays the issue of finding the boundaries and balance between the intellectual property sphere that seeks to fully securethe rights of patent holders and the health care sector, which is aimed at adhering to the principle of availability of medicines and treatments, is very relevant.So, what is the main conflict between the inventor`s interest and the public interest in the healthcare sector? For the most part, the inventor's interests are limited to two goals: to obtain the protection of his scientific achievement within the time limits established by law and to extend these terms when necessary. These interests are the result of the existing marketing authorization procedure. According to this procedure, a medicinal product must undergo a clinical trial, and in order to protect inventor’s patent rights, its owner must undergo a patenting procedure. This shortens the period of real profit. As a consequence, the drug manufacturer is trying to find ways to continue its monopoly on the market. And society is suffering from his actions. As the main public interest in health is the availability of medicines, treatments and diagnostic methods. The protection of this interest is now even identified as one of the priority areas of Ukraine's public policy. As a result, in order to ensure a balance between the interests of society and inventors, Ukraine has made a number of decisions about cooperation with internationalorganizations such as the UN and WIPO, and made the drafting of the National Intellectual Property Strategy.In our view, there is now a need in the Ukrainian legislation to amend patent protection in order to promote health care. Therefore, in this article, we have proposed the following mechanisms to ensure the balance of interests of inventors and society in the health sector:•to establish the possibility of obtaining certificates of additional protection with warnings that the term of such protection will be calculated depending on the time elapsed between the submission of the application for the invention and obtaining the marketing authorization of the medicinal product; •to introduce the possibility of filing a reasoned objection to the application for the invention, a request for the information search on the basis of the claims and the possibility of filing the same reasoned objection to the issue of certificates of additional protection;•to implement the «Bolar position», which will accelerate the release of generic medicines;•to abolish the possibility of patenting as inventions methods of treating the human or animal body by surgical or therapeutic and diagnostic methods;•to enhance the granting of compulsory, open and voluntary licenses to ensure the availability of medicines.


2018 ◽  
Vol 1 (1) ◽  
Author(s):  
Inggrit Fernandes

Batik artwork is one of the treasures of the nation's cultural heritage. Batik artwork is currently experiencing rapid growth. The amount of interest and market demand for this art resulted batik artwork became one of the commodities in the country and abroad. Thus, if the batik artwork is not protected then the future can be assured of a new conflict arises in the realm of intellectual property law. Act No. 28 of 2014 on Copyright has accommodated artwork batik as one of the creations that are protected by law. So that this work of art than as a cultural heritage also have economic value for its creator. Then how the legal protection of the batik artwork yaang not registered? Does this also can be protected? While in the registration of intellectual property rights is a necessity so that it has the force of law to the work produced


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