Cost-Containment Mechanisms for Essential Medicines, Including Antiretrovirals, in China - Health Economics and Drugs Series No. 013
(2003; 30 pages) [French] [Spanish] View the PDF document
Table of Contents
View the documentAcknowledgements
View the documentTerms of reference
Open this folder and view contentsIntroduction
View the documentBackground and experiences with voluntary agreements
View the documentCountry rights to be protected in voluntary agreements for reduction of prices of medicines
Close this folderCompulsory licensing - practical aspects and procedures
View the documentIdentify relevant patents
View the documentExplore possible sources of supply based on local production
View the documentIdentify possible sources of importation of the required medicine
View the documentMarketing approval
View the documentRequest for a compulsory licence
View the documentGranting of the compulsory licence by the Patent Administration Department
View the documentNegotiation with patent holder about fee
View the documentDetermination of fee by the Patent Administration Department
View the documentAppeal
View the documentOther considerations
View the documentConcluding comments
View the documentList of persons contacted
View the documentFurther reading
 

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).

to previous section
to next section
 
 
The WHO Essential Medicines and Health Products Information Portal was designed and is maintained by Human Info NGO. Last updated: August 29, 2014