- Palabras clave > compulsory licences
- Palabras clave > intellectual property laws
- Palabras clave > intellectual property protection (IPP)
- Palabras clave > parallel importation
- Palabras clave > patentability criteria - policy options
- Palabras clave > patents
- Palabras clave > pharmaceutical legislation
- Palabras clave > public health
- Palabras clave > Trade Related Aspects of the Intellectual Property Rights (TRIPS)
- Palabras clave > 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.