- Keywords > compulsory licences
- Keywords > intellectual property laws
- Keywords > intellectual property protection (IPP)
- Keywords > parallel importation
- Keywords > patentability criteria - policy options
- Keywords > patents
- Keywords > pharmaceutical legislation
- Keywords > public health
- Keywords > Trade Related Aspects of the Intellectual Property Rights (TRIPS)
- Keywords > TRIPS flexibilities
(2000; 140 pages) [French] [Spanish]
VII.4.1 Options - Individual Prescriptions
An exception relating to prescriptions for individual cases may be formulated as follows:
The patent shall have no effect in relation to acts consisting of the preparation for individual cases, in a pharmacy or by a medical doctor, of a medicine in accordance with a medical prescription and in relation to acts concerning the medicine so prepared.
Several conditions need to be met in order for this exception to apply. They relate to the purpose of the medical preparation, the person that does it, and the existence of a medical prescription. These conditions considerably limit the scope of the exception, and exclude the possibility of its use to cover other commercial uses of a patented medicine.