Influence of Patent Law on Price of Medicines

2019 ◽  
pp. 1165-1181
Author(s):  
Naina Singh ◽  
Rajinder Kaur ◽  
Rashmi Aggarwal

There is a great deal of disparity between the availability and affordability of medicines in least developed, developing and developed nations. Patents are one of the major reasons of this difference. The pharmaceutical industry spends over US$10 billion to fund some 90% of 40,000-80,000 randomised controlled trails being conducted across the world at any given time. A United Nations AIDS study reported that the number of people in poor countries who have access to anti-retroviral medicines remains extremely low; only 30,000 received medication in 2002, out of an estimated 5 million in need. The proposed chapter aims to study effect of patent law on pricing of medicines. The legal and regulatory policies such as TRIPs jointly introduced by various nations to regulate the pricing of patented products will be elaborated in this chapter. Apart from national and international policies, the behaviour of pharmaceutical companies also affect price of patented products. The chapter will also cover various techniques pharmaceutical industry adopt to control price of patented products such as proliferation of me-too drugs, product reformulation, prolonging patent rights, biasing research and large promotional expenditures.

Author(s):  
Naina Singh ◽  
Rajinder Kaur ◽  
Rashmi Aggarwal

There is a great deal of disparity between the availability and affordability of medicines in least developed, developing and developed nations. Patents are one of the major reasons of this difference. The pharmaceutical industry spends over US$10 billion to fund some 90% of 40,000-80,000 randomised controlled trails being conducted across the world at any given time. A United Nations AIDS study reported that the number of people in poor countries who have access to anti-retroviral medicines remains extremely low; only 30,000 received medication in 2002, out of an estimated 5 million in need. The proposed chapter aims to study effect of patent law on pricing of medicines. The legal and regulatory policies such as TRIPs jointly introduced by various nations to regulate the pricing of patented products will be elaborated in this chapter. Apart from national and international policies, the behaviour of pharmaceutical companies also affect price of patented products. The chapter will also cover various techniques pharmaceutical industry adopt to control price of patented products such as proliferation of me-too drugs, product reformulation, prolonging patent rights, biasing research and large promotional expenditures.


10.5912/jcb9 ◽  
1969 ◽  
Vol 9 (1) ◽  
Author(s):  
Marina Cousté ◽  
François Jonquères

This paper discusses a recent French Court decision and its impact on the judicial interpretation of the extent to which pharmaceutical clinical trials may or may not fall within the scope of the exemption provided under French law for infringement of patent rights when conducting unauthorised clinical trials aimed at securing marketing authorisation of a patented drug substance.


2021 ◽  
Vol 29 (2) ◽  
pp. 200-222
Author(s):  
Lu Sudirman ◽  
Hari Sutra Disemadi

The discovery of technology has a huge impact on the economy of a country, so many countries focus on developing technology and apply this technology in their respective countries. Technological inventions must register patent rights to obtain legal protection to avoid losses that will harm inventors, stimulate creativity in creating new technologies and create fair business competition among companies engaged in technology. This normative research aims to compare patent protection in Indonesia, Singapore, and Hong Kong. The benefit of this research is that it can contribute to scientific literature in the field of patent rights, can provide an overview of the form of patent rights arrangements in several countries outside Indonesia, so as to avoid disputes and/or misunderstandings with other countries. The participation of Indonesia, Singapore, and Hong Kong in ratifying the Convention on the World Trade Organization and the agreement on the Trade Aspects of Intellectual Property Rights (TRIPs) obliges these countries to establish regulations on patents in their respective countries. Although the application of patent law in Indonesia, Singapore, and Hong Kong is based on the terms of the TRIPs agreement, the implementation and regulations must have differences. Patent registration in Indonesia, Singapore, and Hong Kong have the same procedure, namely fulfilling the formal requirements, substantive examination, then the announcement stage. The term of patent protection in Indonesia and Singapore is similar, which is 20 years from the date of filing. However, it is different from Hong Kong, namely from the date of filing. In patent disputes, there are two ways of settlement, namely litigation and non-litigation. Patents in Indonesia, Singapore, and Hong Kong have another similarity, namely that they are transferable and can be licensed. The focus of this research is only to compare the application of patent law and not to examine its strengths and weaknesses, so it is considered important to do further research on this matter.


Author(s):  
Philip W. Grubb ◽  
Peter R. Thomsen ◽  
Tom Hoxie ◽  
Gordon Wright

This chapter details developments in the harmonization of patent laws. The Trade-Related Aspects of Intellectual Property Rights (TRIPs) Agreement has made significant strides in harmonizing levels of patent protection. TRIPs requires practically all countries of the world to have patent systems in which compounds, including pharmaceuticals, can be patented per se for a term of at least twenty years, with no local working requirements and no routine granting of compulsory licences; with importation of a product and sale of the product or a process being clearly defined as infringement; and with clear standards for the enforcement of patent rights. Other harmonization initiatives include the Patent Law Treaty, the Substantive Patent Law Treaty, the Trilateral Cooperation, the Convention on Biological Diversity, and the Nagoya Protocol.


2019 ◽  
Vol 10 (1) ◽  
pp. 119-124
Author(s):  
Olatunji Abdul Shobande ◽  
Kingsley Chinonso Mark

Abstract The quest for urgent solution to resolve the world liquidity problem has continued to generate enthusiastic debates among political economists, policy makers and the academia. The argument has focused on whether the World Bank Group was established to enhance the stability of international financial system or meant to enrich the developed nations. This study argues that the existing political interest of the World Bank Group in Africa may serve as lesson learned to other ambitious African Monetary Union.


2020 ◽  
Author(s):  
endang naryono

Covid-19 or the corona virus is a virus that has become a disaster and a global humanitarian disaster began in December 2019 in Wuhan province in China, April 2020 the spread of the corona virus has spread throughout the world making the greatest humanitarian disaster in the history of human civilization after the war world II, Already tens of thousands of people have died, millions of people have been infected with the conona virus from poor countries, developing countries to developed countries overwhelmed by this virus outbreak. Increasingly, the spread follows a series of measurements while patients who recover recover from a series of counts so that this epidemic becomes a very frightening disaster plus there is no drug or vaccine for this corona virus yet found, so that all countries implement strategies to reduce this spread from social distancing, phycal distancing to with a city or country lockdown.


2014 ◽  
Vol 4 (1) ◽  
Author(s):  
Rupesh Rastogi ◽  
Virendra Kumar

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.


Author(s):  
Laurent Bonnefoy

Contemporary Yemen has an image-problem. It has long fascinated travelers and artists, and to many the country embodies both Arab and Muslim authenticity; it stands at important geostrategic and commercial crossroads. Yet, strangely, Yemen is globally perceived as somehow both marginal and passive, while also being dangerous and problematic. The Saudi offensive launched in 2015 has made Yemen a victim of regional power struggles, while the global “war on terror” has labelled it a threat to international security. This perception has had disastrous effects without generating real interest in the country or its people. On the contrary, Yemen's complex political dynamics have been largely ignored by international observers--resulting in problematic, if not counterproductive, international policies. Yemen and the World aims at correcting these misconceptions and omissions, putting aside the nature of the world's interest in Yemen to focus on Yemen's role on the global stage. Laurent Bonnefoy uses six areas of modern international exchange--globalization, diplomacy, trade, migration, culture and militant Islamism--to restore Yemen to its place at the heart of contemporary affairs. To understand Yemen, he argues, is to understand the Middle East as a whole.


2021 ◽  
Vol 20 (1) ◽  
Author(s):  
Boutaina Zemrani ◽  
Mario Gehri ◽  
Eric Masserey ◽  
Cyril Knob ◽  
Rachel Pellaton

AbstractThe COVID-19 pandemic has deteriorated key determinants of health and caused major upheavals around the world. Children, although less directly affected by the virus, are paying a heavy price through the indirect effects of the crisis, including poor diet, mental health impact, social isolation, addiction to screens and lack of schooling and health care, particularly among vulnerable groups. This paper is aimed at discussing the potential impact of this pandemic on children’s nutrition and lifestyle. Preliminary data from the literature and from our survey show significant disruptions in nutrition and lifestyle habits of children. While undernutrition is expected to worsen in poor countries, obesity rates could increase in middle- and high-income countries especially among precarious groups widening the gap in health and social inequalities.The real impact of the COVID-19 pandemic on children extends well beyond that of a viral infection. This crisis has public health implications that could have life-long consequences on children. It requires effective and targeted measures mainly for vulnerable children and households to guarantee children’s basic rights for optimal nutrition, health and development.


1978 ◽  
Vol 12 (4) ◽  
pp. 655-677 ◽  
Author(s):  
B. R. Tomlinson

Overseas investment by developed nations in the less industrialized economies of Asia, Africa and Latin America is an important part of modern international economic history. Such investment has long been recognized as a potent force in integrating the international economy. It has also been placed at the heart of most theories of the expansion of European empires in the nineteenth century and it is seen as a major part of the ‘neo-colonialism’ that is widely thought to have characterized the world economic and political structure since 1945. This article will examine private foreign investment in India in the first half of the twentieth century, spanning the gap between the ‘imperial’ and the ‘neo-colonial’ epochs.


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