Patent Linkage Regulations: The Importance of Context and of Balancing Competing Interests
Chapter in an edited book (author)


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AbstractThis chapter reviews the implementation of patent linkage in several jurisdictions before highlighting and evaluating critical factors which influence the economic and health-related effect of the regime. Part II briefly reviews the historical development and basics of patent linkage (from its beginnings in the US with the passage of the Hatch-Waxman Act) and surveys the implementation of patent linkage regulations in select jurisdictions. As such, it introduces the differences in each jurisdiction with a view to understanding the impact of patent linkage on the health and economics of a jurisdiction, the reasons for adopting patent linkage and the factors which should influence policy direction and choices regarding patent linkage. Part III offers critical commentary and analysis on key issues such as the policy justification for linking marketing approval to patent status, which patent or patents should be ‘linked’, the use of injunctions to enforce patent linkage and the effect of patent linkage on competition. Part IV concludes.
All Author(s) ListBryan Mercurio
All Editor(s) ListBryan Mercurio, Daria Kim
Edition1
Book titleContemporary Issues in Pharmaceutical Patent Law: Setting the Framework and Exploring Policy Options
Series TitleRoutledge Research in Intellectual Property
Year2017
Month2
Day17
PublisherRoutledge
Place of PublicationUnited Kingdom
Pages97 - 122
ISBN9781138934481
eISBN9781317389798
LanguagesEnglish-United Kingdom
Keywordspharmaceutical patents, patent linkage, free trade agreements

Last updated on 2018-22-01 at 09:25