Proposed Title of the Project: Should China Implement Compulsory Drug Patent Licenses? - From the Perspective of COVID-19

2021 ◽  
Vol 3 (1) ◽  
Author(s):  
Yanlin Lv
Keyword(s):  
Qualitative Analysis ◽  
International Level ◽  
Government Responsibility ◽  
Patent Licensing ◽  
Pharmaceutical Patents ◽  
Compulsory Licensing ◽  
Drug Patent ◽  
Pharmaceutical Patent ◽  
Laws And Regulations

<p>Although China has already issued laws and regulations on compulsory licensing of pharmaceutical patents, it has not yet implemented specific practices. After the outbreak of “COVID-19”, realistic needs have made it urgent for China to implement compulsory drug patent licensing. Therefore, this study will be based on China’s national conditions, combined with China’s laws and regulations on the compulsory licensing of pharmaceutical patents, and compare specific practices in other countries. Through qualitative analysis, it’s clear that China implements compulsory pharmaceutical patent licensing in three aspects: domestic system, international level, and government responsibility. To analyze the feasibility of China’s drug patent compulsory licensing system and provide suggestions.</p>

Patent Policy in the Shadows of Over-Compliance

2017 ◽  
Author(s):  
Kenneth C. Shadlen
Keyword(s):  
Status Quo ◽  
Two Dimensions ◽  
New Production ◽  
Pharmaceutical Patents ◽  
Compulsory Licensing ◽  
Pharmaceutical Patent ◽  
Policy Measures ◽  
Dual Objectives ◽  
Second Period

Brazil altered course in the second period of patent politics, as successive governments introduced revisions to the new patent system to address the consequences of over-compliance in the 1990s. This chapter examines the complementary steps taken to revise how the patent regime functions, including reforms to the compulsory licensing provisions and a new system for examining pharmaceutical patent applications, along with innovation–industrial policy measures to help local firms acquire new production capabilities and adjust to the new status quo of pharmaceutical patents. The chapter examines the political economy of both dimensions of Brazil’s “neo-developmental” response. The analysis shows how these two dimensions of policy have created distinct and rival sets of interests regarding the role of pharmaceutical patents in development, and how these conflicting interests create challenges for a government intent on balancing the dual objectives.

scholarly journals A Brief analysis of compulsory license of drug patent under public Health Crisis

2020 ◽  
Vol 2 (2) ◽  
pp. 43-51
Author(s):  
Changchen LI
Keyword(s):  
Compulsory License ◽  
Health Crisis ◽  
Compulsory Licensing ◽  
Patent License ◽  
Drug Patent ◽  
Pharmaceutical Patent ◽  
The Face ◽  
Scope Of Application ◽  
The Incentive Mechanism ◽  
Implementation Status

In the face of the new crown epidemic, the implementation of the drug patent compulsory licensing system is one of the problems that needs to be solved urgently. At present, my country has established a relatively complete patent compulsory licensing system, but the system still presents a "zero implementation" status in my country. my country should learn from foreign experience, improve the system design of my country's pharmaceutical patent compulsory licensing by conditionally liberalizing the scope of application subjects, raising patent license fees and other measures; at the policy level, preferentially adopt negotiation methods to weaken the trade frictions caused by the implementation of patent compulsory licensing , To balance the incentive mechanism for pharmaceutical patent innovation, and actively promote the implementation of the pharmaceutical patent compulsory licensing system in my country.

Generic Entry Before the Agreed-Upon Date in Pharmaceutical Patent Settlements

2020 ◽  
Vol 16 (2) ◽  
pp. 188-219
Author(s):  
Keith M Drake ◽  
Thomas G McGuire
Keyword(s):  
Patent Litigation ◽  
Generic Entry ◽  
Early Entry ◽  
Fda Approval ◽  
Drug Patent ◽  
Pharmaceutical Patent ◽  
To Receive

ABSTRACT Drug patent litigation settlements specify a date for generic entry and typically include a so-called acceleration clause allowing the generic to enter earlier in certain circumstances. An agreed-upon date between a brand and a generic with “first-filer” status is particularly salient because this date also affects when other generics may enter. It has been unclear the degree to which acceleration clauses increase competition—by accelerating entry—or decrease competition, by deterring pursuit of entry by potential generic competitors. This paper documents the entry outcome after first-filer-brand settlements by tracking how often acceleration clauses in these settlements in fact accelerate entry. In no case was a first filer’s 180-day exclusivity period accelerated because of a later filing generic winning patent litigation or settling for an earlier entry date. In the cases where early entry occurred, the first filer had lost its right to the exclusivity period, typically by failing to receive tentative FDA approval within 30 months of its filing; or other generics shared first-filer status. An acceleration clause paired with the 180-day exclusivity period appears to effectively deter other generics and, at least in the instances we observed, never to have resulted in an actual “accelerated” entry.

scholarly journals Pengalihan Hak Atas Tanah Yang Objeknya Diikat Hak Tanggungan

Acta Comitas ◽  
2021 ◽  
Vol 6 (01) ◽  
pp. 127
Author(s):  
Anak Agung Sagung Karina Prabasari ◽  
Sirtha I Nyoman
Keyword(s):  
Qualitative Analysis ◽  
Research Method ◽  
Secondary Data ◽  
Data Sources ◽  
Primary Data ◽  
Legal Research ◽  
Laws And Regulations

The purpose of this paper is to find out and analyze whether or not it is permissible to transfer HT objects and about the type of agreement used to transfer some HT objects. The writing method used in this research is empirical legal research method with qualitative analysis, with a sociological juridical approach. The data sources used consisted of primary data through interviews with several Notaries / PPAT and secondary data including laws and regulations, books and journals. The results showed, first, that the transfer of HT objects is allowed even though it was not previously agreed in the APHT. Second, the types of agreements used consist of the agreement to carry out the sale and purchase of some HT objects in the form of PPJB and subsequently AJB, agreements related to the purchase and sale of HT objects, agreements related to the process of breaking and separating HT objects, making SKMHT and APHT . Tujuan penulisan ini untuk mengetahui dan menganalisis apakah diperbolehkan atau tidaknya pengalihan objek HT dan mengenai jenis perjanjian yang dipakai untuk mengalihkan sebagian objek HT. Metode penulisan yang digunakan pada penelitian ini adalah metode penelitian hukum empiris dengan analisis kualitatif, dengan pendekatan yuridis sosiologis. Adapun sumber data yang digunakan terdiri dari data primer melalui wawancara ke beberapa Notaris/PPAT dan data sekunder meliputi peraturan perundang-undangan, buku-buku dan jurnal-jurnal. Hasil penelitian menunjukkan, pertama, bahwa pengalihan obyek HT diperbolehkan meskipun sebelumnya tidak diperjanjikan dalam APHT. Kedua, Jenis-jenis perjanjian yang dipergunakan terdiri dari perjanjian kesepakatan untuk melakukan jual beli atas objek sebagian objek HT berupa PPJB dan selanjutnya AJB, perjanjian terkait pembayaran hasil jual beli objek HT, perjanjian terkait proses pemecahan dan pemisahan objek HT, perjanjian pembuatan SKMHT dan APHT

scholarly journals Perlindungan Hukum terhadap Investor dalam Perjanjian Jual Beli Saham Dengan Hak Membeli Kembali (Repurchase Agreement) Yang Diperjualbelikan PT. OSO Securities Cabang Medan

2019 ◽  
Vol 1 (2) ◽  
pp. 109-116
Author(s):  
Erna Sandrawati ◽  
Mahmul Siregar ◽  
Isnaini Isnaini
Keyword(s):  
Qualitative Analysis ◽  
Capital Market ◽  
Civil Code ◽  
Legal Certainty ◽  
Legal Method ◽  
Settlement Of Disputes ◽  
Laws And Regulations ◽  
The Capital Market

The purpose of this study is to find out how the position of the agreement in the sale and purchase of shares with repurchase rights (REPO) in law in Indonesia, whether the sale and purchase agreement of shares with repurchase rights (REPO) has protected the interests of investors, as well as how the settlement of disputes in the sale and purchase agreement shares with repurchase rights (REPO) between issuers and investors by PT. OSO Medan Branch Securities. The method in this research is a normative juridical legal method with qualitative analysis. From the results of the study, it was found that the sale and purchase agreement of shares brokered by PT. OSO Sekuritas is a form of agreement or contract which must comply with the provisions in the Civil Code in general and specifically must comply with the laws and regulations relating to REPO. In the share sale and purchase agreement brokered by PT. OSO Sekuritas has provided legal certainty and protection to investors because in the agreement clause the form of protection has been explained. Settlement of disputes that occur between the parties in the REPO share-purchase agreement brokered by PT. OSO Sekuritas, contained in the agreement clause, which is an agreement for mediation and deliberation as well as resolving issues through the capital market arbitration body, if deliberation is not reached.

scholarly journals The TRIPS Article 31 Tug of War Developing Country Compulsory Licensing of Pharmaceutical Patents and Developed Country Retaliation

2018 ◽  
Author(s):  
Lucas Volman
Keyword(s):  
Developing Countries ◽  
International Law ◽  
Free Trade Agreements ◽  
Developed Countries ◽  
Access To Medicines ◽  
Developed Country ◽  
Pharmaceutical Patents ◽  
Compulsory Licensing ◽  
The Right ◽  
Restrictive Measures

My dissertation examines compulsory licensing under Article 31 of the TRIPS Agreement by looking at the use of such licensing by developing countries, as well as retaliatory and restrictive measures imposed by developed countries. In doing so, it looks at the right to health, and price and intellectual property considerations for access to medicines in developing countries. It further explores the TRIPS compulsory licensing rules themselves to present compulsory licensing as a legitimate, and at times necessary, policy measure under international law. Then, it examines how compulsory licensing has been used and restricted since TRIPS, and how the compulsory licence relates to voluntary licensing and international free trade agreements, both of which are factors for the development of compulsory licensing strategies in developing countries.

scholarly journals International collaboration generates high quality clusters of pharmaceutical patents

2019 ◽  
Vol 8 (5) ◽  
pp. 193-202 ◽  
Author(s):  
Christian Moser ◽  
Anna M Villa ◽  
Heinz Mueller
Keyword(s):  
South Korea ◽  
Growth Curve ◽  
International Collaboration ◽  
Heterocyclic Compounds ◽  
High Quality ◽  
Pharmaceutical Patents ◽  
Time Period ◽  
Pharmaceutical Patent ◽  
The Usa ◽  
Patent Portfolio

The worldwide active patent portfolio has nearly doubled in numbers and strength since 2000. The number of active pharmaceutical patent families has tripled in the same time period. The quantitative growth results mostly from a surge of patents from China, half of them classified in A61K36 (‘medicinal preparations of undetermined constitution containing material from algae, lichens, fungi or plants’). High-quality patents exhibit a slower growth curve, and cluster within the three areas biologicals; heterocyclic compounds, and cancer drugs. However, the highest concentration of high-quality patents was found when selecting patents listing inventors from at least two out of the five most important countries of origin for pharmaceutical patents: China, EP countries, Japan, South Korea and the USA.

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