(2003; 30 pages) [French] [Spanish]
Identify relevant patents
In most cases, pharmaceutical products are protected by a patent on the active ingredient (the main patent) and by a number of patents on formulations, manufacturing processes, new indications, etc. (secondary patents). All these patents should be identified and be included in the compulsory licence, as necessary, to allow freedom to operate with the needed product. Otherwise, the use of the invention under the compulsory licence may be perturbed or blocked on the basis of allegations of infringement of secondary patents (as illustrated by the well- documented case of ddI in Thailand).