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

摘要This 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.
著者Bryan Mercurio
編輯Bryan Mercurio, Daria Kim
書名Contemporary Issues in Pharmaceutical Patent Law: Setting the Framework and Exploring Policy Options
系列標題Routledge Research in Intellectual Property
出版地United Kingdom
頁次97 - 122
關鍵詞pharmaceutical patents, patent linkage, free trade agreements

上次更新時間 2018-22-01 於 09:25