Διπλώματα ευρεσιτεχνίας και φάρμακα
Patents and medicaments
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Keywords
διπλώματα ευρεσιτεχνίας ; καινοτομία ; φάρμακα ; γενόσημα ; Συμφωνία TRIPs ; Διακήρυξη της Ντόχα ; ορφανά φάρμακα ; εμβόλια ; τεχνητή νοημοσύνηAbstract
In this postgraduate project, which is carried out in the context of postgraduate program of University of Piraeus “Law and Information Technology and Communications”, an analysis of the system of patents (patents) in the field of pharmaceutical industry will be attempted. More specifically, the pharmaceutical industry is the only economic sector where patent law fully fulfils its purpose as pharmaceutical companies, knowing the benefits of patents, devote the necessary time to research and development to manufacture innovate products achieving technological progress and improving the standard of living of society. This paper will focus on the issue of affordability of medicines and weather this is solved to some extent through the production of generic whose quality is similar to that of the originals. A fundamental concern of this project is whether the pharmaceutical companies should limit their exclusivity in terms of the economic exploitation of their innovation, given that medicine as a product in a source of profit but also a means of preserving and protecting human life.
In particular, in the first part of the paper, a brief presentation of the pharmaceutical patent system in Greece will be made, as well as the powers granted to patent owners, the definition of innovation and the patent is means of protection for pharmaceutical innovation or an obstacle to pharmaceutical care. The second part looks at generic drugs, the problematic of which will be one of the main issues of this thesis. The third part refers to parallel drug trade and anti -competitive practices of pharmaceutical companies with the rights arising from the patents. The fourth part analyzes the provisions of the TRIPs Agreement on patents and the fifth part refers to the legal status of the Doha Declaration. The sixth part lists the EU legislation on orphan and pediatric medicines and the seventh part refers to the problem regarding the granting of patents in the case of vaccines. Finally the eighth parts concerns the relationship of artificial intelligence with intellectual rights but also technological solutions with which Greek pharmaceutical companies exploit the endless possibilities of artificial intelligence.