scholarly journals THE EVERGREENING STUDY OF UKRAINIAN PHARMACEUTICAL MARKET

2021 ◽  
Author(s):  
Оксана Кашинцева ◽  
Mykyta Trokhymenko
Keyword(s):  
Patent Application ◽  
Pharmaceutical Products ◽  
Patent Law ◽  
Pharmaceutical Market ◽  
Law Reform ◽  
The Novel ◽  
Access To Treatment ◽  
Ukrainian Patent ◽  
Close Cooperation ◽  
The Subject

The article presents the results of the research on the part of «evergreening patents» in the pharmaceutical market of Ukraine focusing on the daft laws registered in the Ukrainian Parliament (Verkhovna Rada) of Ukraine. The authors analyse the criteria of patent abuse as obstacles to access to treatment, and analyse the novel initiatives aimed at overcoming such abuse. In particular, it concerns thepatentability's criteria of inventions on pharmaceutical products, the possibility to oppose the applications on inventions by a person whose rights or interests are violated by a patent application and prohibition of patenting substances as the utility models.At the level of the national legislation patent reform was initiated by the Parliament of Ukraine on the first reading by the draft Law of Ukraine «On Amendments to Certain Legislative Acts of Ukraine (on Patent Law Reform)» as of October 10, 2019.For the national experts, drafting the mentioned Law, the necessity to provide evergreening research in the field of health care was obvious from the 2014. In 2014 year, the National Academy of Law Sciences of Ukraine in close cooperation with NGO 100 % of Life started the global research — Harmonization of Human Rights and Intellectual Property Rights in the Field of Medicine and Pharmacy. We have to stress that only the evergreening patent research in the pharmaceutical market of Ukraine took near three years. The Research reflects that the gaps of the Ukrainian patent system which causes the possibility to grant evergreening patents have the straight impact on access to vital treatment. The methodology of the research is based on the Guidelines on Examination of the Patent Application in the field of Medicine and Pharmaceuticals based on the recommendations of the WHO and Guidelines for the Examination of Patent Applications Relating to Pharmaceuticals of the UNDP.Thus, the subject of the research is 132 patents covering vital medicines in the field of HIV, hepatitis C, tuberculosis, oncology, rheumatoid arthritis and others. The basis for the research is the followings: the patented single-source medicines, the part of which in the centralized procurements exceeded $ 100,000 in 2017 and the medicines that part of which in hospital and pharmacy procurements exceeded 50 million hryvnia (UAH) in 2017. The research also includes the patented medicines which are or which were not available because of the patent status.

scholarly journals An Analysis of the Transformation of Mega-Pharma’s Business Model toward the Emerging Market

2020 ◽  
Vol 4 (4) ◽  
pp. 253-262
Author(s):  
Yaeko Mitsumori
Keyword(s):  
Patent Protection ◽  
Business Models ◽  
Emerging Market ◽  
Patent Application ◽  
Pharmaceutical Products ◽  
Patent Law ◽  
Pharmaceutical Market ◽  
Pharmaceutical Companies ◽  
Indian Market ◽  
Application Data

The Trade-Related Aspects of Intellectual Property Rights（TRIPS) requires all member countries of the World Trade Organization (WTO) to introduce a TRIPS-compatible patent law into their countries. Due to the enforcement of TRIPS in 1995, India in 2005 revised its patent law and enacted the Patents (Amendment) Act, 2005. The 2005 ACT included product patent in pharmaceutical field. Due to the new patent law with product patent protection, large foreign capital pharmaceutical companies one after another re-entered the Indian market and started engaging in both R&D and production targeting the Indian market. However recent data shows the number of patent applications has been declining over the past several years and the number of patented drugs launched in India did not increase so rapidly. This study analyzes transitions of business models of foreign pharmaceutical companies in India based on the patent application data, and the trend of patented drugs in the market. A data analysis and a series of interviews with stakeholders were conducted. As a result of both a quantitative and a qualitative analysis, it was found that foreign pharmaceutical companies changed their strategies in the Indian pharmaceutical market. Since India was required to introduce product patents in the pharmaceutical area, there have been many arguments that once India introduces a product patent, the Indian pharmaceutical industry may decline due to the rapid introduction of foreign pharmaceutical products in the country; many academic papers were published in this context during that time. However, since 2005, when product patents were actually introduced in India, few academic papers were published. This study is unique as it discusses the effects of the introduction of product patents on the Indian pharmaceutical market.

scholarly journals Changing paradigm of supplementary protection of inventions in the national legislation of Ukraine

2021 ◽  
pp. 54-61
Author(s):  
Anastasiia Homeniuk
Keyword(s):  
Patent Application ◽  
Patent Law ◽  
General Idea ◽  
Access To Treatment ◽  
National Legislation ◽  
Ukrainian Patent ◽  
Patent Term ◽  
Basic Patent ◽  
Definition Of

Key words: patent term extension, supplementary protection, supplementary protectioncertificate, drug patents, patent legislation reform The article is mainly aimed at distinguishingtwo mechanism: patent term extension which used to be applied inUkraine before the patent reform, and supplementary protection certificates whichwere introduced to national legislation in 2020.Patent term extension in the way it was provided in the Ukrainian Patent Law is arather simple mechanism that didn’t require much regulations. It used to provide additionalperiod of patent monopolies which was equal to the period which elapsed betweenthe date on which the patent application was filed and the date of the marketingauthorisation, not more than 5 years. Since there were no limitation on the type ofpatent (basic patent) or requirement of the first marketing authorization, this regimeprovided an opportunity to extend not only basic patent term, but also all secondarypatents related to one drug. This created a situation when duration of patent monopolyfor one drug exceeded 35 years.Provided that national pharmaceutical industry is oriented on manufacturing ofgeneric drugs, supplementary protection certificates are more appropriate forUkraine. Firstly, this is due to the limitation of effective patent life to 15 years whichis more feasible considering the national context. Another positive thing about SPCsis some uncertainty in relation to definition of the subject matter and scope of SPCprotection. That means that the country can have some freedom in determining theways of its interpretation. However, it should be noted that such indeterminacy is agrey zone. Thus, it is necessary to consider how the country can benefit from the supplementaryprotection regimen. Since the pharmaceutical sphere is very sensitive,the SPC issues have direct effect on public health and access to treatment. So, the articlejustifies the general idea that implementation of new legislation provisions shallbe aligned with both ensuring pharmaceutical innovations and guaranteeing that thepublic health needs are still a priority. Therefore, considering the long-term negativeeffect of the patent term extension regimen, the new SPC approach should be as balancedas possible.

scholarly journals Teaching Experience: Pharmaceutical Market to Fight Against COVID-19

2021 ◽  
Vol 4 (1) ◽  
pp. 56
Author(s):  
Cristina Vilaplana Prieto
Keyword(s):  
Clinical Trials ◽  
Teaching Experience ◽  
Pharmaceutical Products ◽  
Pharmaceutical Market ◽  
Production Costs ◽  
Access To Treatment ◽  
The World ◽  
Severity Of The Disease ◽  
The One ◽  
New Treatments

As the Sars-CoV2 pandemic continues to grow, researchers around the world are urgently seeking new treatments to prevent infection, cure those infected, or lessen the severity of the disease. Although there are several recently approved vaccines, clinical trials are underway to "re-use" drugs normally indicated for other diseases. This teaching experience studies the market for 8 pharmaceutical products used to fight the pandemic (remdesivir, favipiravir, lopinavir/ritonavir, chloroquine, hydroxychloroquine, sofosbuvir, pyrfenidone and tocilizumab) in 13 countries (Bangladesh, Brazil, China, Egypt, France, India, Malaysia, Pakistan, South Africa, Sweden, Turkey, United Kingdom and United States). Through the analysis of prices and costs, we reflect on the difficulty of access to treatment according to the country. The objective is to deepen knowledge of the pharmaceutical market: (i) to demonstrate in a tangible way the differences between production costs and final prices of medicines, (ii) to perceive the difficulty of access to certain treatments depending on the country, (iii) to reflect on what initiatives should be implemented in an international emergency context such as the one we are experiencing.

Diaghilev and British Writing

2009 ◽  
Vol 27 (1) ◽  
pp. 65-92
Author(s):  
Susan Jones
Keyword(s):  
Visual Arts ◽  
The Body ◽  
The Novel ◽  
Literary Responses ◽  
Literary Aesthetics ◽  
Ballets Russes ◽  
The Arts ◽  
The Subject ◽  
And Gender ◽  
Opening Up

This article explores the diversity of British literary responses to Diaghilev's project, emphasising the way in which the subject matter and methodologies of Diaghilev's modernism were sometimes unexpectedly echoed in expressions of contemporary British writing. These discussions emerge both in writing about Diaghilev's work, and, more discretely, when references to the Russian Ballet find their way into the creative writing of the period, serving to anchor the texts in a particular cultural milieu or to suggest contemporary aesthetic problems in the domain of literary aesthetics developing in the period. Figures from disparate fields, including literature, music and the visual arts, brought to their criticism of the Ballets Russes their individual perspectives on its aesthetics, helping to consolidate the sense of its importance in contributing to the inter-disciplinary flavour of modernism across the arts. In the field of literature, not only did British writers evaluate the Ballets Russes in terms of their own poetics, their relationship to experimentation in the novel and in drama, they developed an increasing sense of the company's place in dance history, its choreographic innovations offering material for wider discussions, opening up the potential for literary modernism's interest in impersonality and in the ‘unsayable’, discussions of the body, primitivism and gender.

Le potentiel théâtral chez David Foenkinos. Analyse du roman, du scénario et du film La Délicatesse

2020 ◽  
Vol 65 (2) ◽  
pp. 297-319
Author(s):  
Aluaș Alina
Keyword(s):  
Text Processing ◽  
Careful Analysis ◽  
The Novel ◽  
Work Analysis ◽  
Personal Myth ◽  
The Subject

"The Theatrical Potential in David Foenkinos’ Work. Analysis of the Novel, the Scenario and the Film “La Délicatesse”. Our interest, especially when it comes to the subject of literature, is to show the manner in which the text processing done by the author (script writer/director) brings to light the guidelines of the novelistic text’s semantics, which under careful analysis reveals a kind of personal myth of the novelist. The skewed, syncopated, interrupted writing which disrupts the chronotope serves the needs of the script as well as the director’s selective vision. Unconsciously, the novel seems to follow the structure of the theatrical model. These traits can also be found in the cinematographic structure of the film. Keywords: love, eroticism, delicacy, theatricality, scenario, film. "

The Influence of TRIPS Compliant Patent Laws on Indian Pharmaceutical Industry

2014 ◽  
Vol 4 (1) ◽  
Author(s):  
Rupesh Rastogi ◽  
Virendra Kumar
Keyword(s):  
Pharmaceutical Industry ◽  
Patent Protection ◽  
Uruguay Round ◽  
Pharmaceutical Products ◽  
Trips Agreement ◽  
Patent Law ◽  
Patent Laws ◽  
The Impact ◽  
First Time ◽  
Indian Pharmaceutical Industry

The first legislation in India relating to patents was the Act VI of 1856. The Indian Patents and Design Act, 1911 (Act II of 1911) replaced all the previous Acts. The Act brought patent administration under the management of Controller of Patents for the first time. After Independence, it was felt that the Indian Patents & Designs Act, 1911 was not fulfilling its objective. Various comities were constituted to recommend, framing a patent law which can fulfill the requirement of Indian Industry and people. The Indian Patent Act of 1970 was enacted to achieve the above objectives. The major provisions of the act, provided for process, not the product patents in food, medicines, chemicals with a term of 14 years and 5-7 for chemicals and drugs. The Act enabled Indian citizens to access cheapest medicines in the world and paved a way for exponential growth of Indian Pharmaceutical Industry. TRIPS agreement, which is one of the important results of the Uruguay Round, mandated strong patent protection, especially for pharmaceutical products, thereby allowing the patenting of NCEs, compounds and processes. India is thereby required to meet the minimum standards under the TRIPS Agreement in relation to patents and the pharmaceutical industry. India’s patent legislation must now include provisions for availability of patents for both pharmaceutical products and processes inventions. The present paper examines the impact of change in Indian Patent law on Pharmaceutical Industry.

HUNTING GWENDOLEN: ANIMETAPHOR INDANIEL DERONDA

2012 ◽  
Vol 40 (1) ◽  
pp. 99-115 ◽  
Author(s):  
Chase Pielak
Keyword(s):  
The Novel ◽  
Daniel Deronda ◽  
Animal Imagery ◽  
The World ◽  
The Subject ◽  
Animal Representations

In George Eliot'sDanielDeronda, animal vitality figures prominently in shaping the human shell, to use an opening animal metaphor. Approaching the significance of the animal leads to a reading of Gwendolen Grandcourt's character as a responsible creature. Gwendolen is Eliot's heroine, one half of the pair of protagonists around whom the novel revolves. Eliot's fantastic character takes shape in three movements, each punctuated by its own animal metaphor: Gwendolen morphs from Lamia to mastered-animal to white doe. Animal imagery appears at the edge of the human, the point at which humanity gains and loses subjectivity, and Gwendolen's novel is fundamentally one of finding her place in the world, her singularity, her responsibility. Images of animals stand in the linguistic gaps – in the places words fail – to figure the subject.1Animals appear at the end of the ability of language to mean. Nevertheless, this analysis is not intended to encompass the complex range of animal representations in George's Eliot's oeuvre, or even to catalog every example inDaniel Deronda. Instead, it suggests the possibility of using animal metaphor as a map for reading a Victorian heroine.

CLASSIFICATION OF RUSSIAN CULTURE-BOUND TERMS AND THEIR EQUIVALENTS BASED ON THE TRANSLATION OF “QUIET FLOWS THE DON” BY M. A. SHOLOKHOV

2020 ◽  
Vol 76 (4) ◽  
pp. 149-155
Author(s):  
SVETLANA S. UZHAKINA ◽  
Keyword(s):  
English Language ◽  
Great Influence ◽  
Political Life ◽  
Daily Routine ◽  
The Novel ◽  
Russian Culture ◽  
The Subject ◽  
Cultural Component ◽  
Historical Epoch

The classification of Russian culture-bound terms used in the novel “Quiet Flows the Don” by M. A. Sholokhov and in its translation into the English language. The novel “Quiet Flows the Don” by M.A. Sholokhov and its translation into English done by Robert Daglish have served as the source for the research of culture-bound terms. These terms have been classified on the basis of the subject division offered by S. Vlakhov and S. Florin. It is proved that the interest to the study of culture-bound terms is still important. The relevance of the research is determined by the fact that despite numerous research papers in this field the origin, classification and translation of these terms still need some investigation. The aim of the present study is to classify the culture-bound terms taken from the novel “Quiet Flows the Don” by M.A. Sholokhon and its translation into the English language. As a result, there have bben taken 407 samples of the lexical units with a cultural component which were classified according to the subject principal offered by S. Vlakhon and S. Florin. The culture-bound terms have a great influence on a foreign reader as they are cultural units that transmit the information of the daily routine and the historical epoch described in the novel. The culture-bound terms taken from the novel “Quiet Flows the Don” by M.A. Sholokhov and its translation are analyzed and classified. The division of the culture-bound terms according to the subject principal allowed to reveal that most terms refer to the daily routine, social and political life and military terms.

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