- Todos > Public Health, Innovation, Intellectual Property and Trade > Intellectual Property (IP) and Trade
- Palabras clave > compulsory licences
- Palabras clave > innovation - availability, affordability and cost-effectiveness
- Palabras clave > innovation and access
- Palabras clave > innovation and intellectual property
- Palabras clave > Intellectual Property Rights (IPR)
- Palabras clave > patentability criteria - policy options
- Palabras clave > patents
- Palabras clave > pharmaceutical innovation
- Palabras clave > Trade Related Aspects of the Intellectual Property Rights (TRIPS)
- Palabras clave > TRIPS flexibilities
(2011; 37 pages) [Spanish]
Despite the decline in the discovery of new chemical entities for pharmaceutical use, there is a significant proliferation of patents on products and processes that cover minor, incremental innovations. A study conducted in five developing countries – Argentina, Brazil, Colombia, India and South Africa – evidenced a significant proliferation of ‘evergreening’ pharmaceutical patents that can block generic competition and thereby limit access to medicines.It also found that both the nature of pharmaceutical learning and innovation and the interest of public health are best served in a framework where rigorous standards of inventive step are used to grant patents.
The analysis suggests that local firms in developing countries are better supported in a framework where patent protection for minor incremental innovations is not allowed. The study also suggests that with the application of well-defined patentability standards, governments could avoid spending the political capital necessary to grant and sustain compulsory licenses/government use. If patent applications were correctly scrutinized, there would be no need to have recourse to such measures.