Limitace patentové ochrany ve farmaceutickém průmyslu ve světle dostupnosti léčby

Vargová, Zuzana

Limitations of patent protection in pharmaceutical industry with regards to the access to medicine problem The goal of this master thesis is for the reader to gain a general overview about the legislation in the area of European pharmaceutical patent law and also about medicines accessibility problems that come with the patent protection in this area. In the beginning we present relevant legal regulation with the focus on the TRIPS, as this international treaty is the source of patent protection exemption that is focal to this thesis. Later the paper addresses patentability requirements while the most of attention is given to specifics that are typical for pharmaceutical industry. This thesis further analyses two important concerns standing against each other. These being the protection of intellectual property rights where it identifies its origins and practical importance; and concern over right to health, which constitutes a legal reasoning for better accessibility efforts. In this thesis we identify lack of accessibility in various forms, which can present either as inaccessibility due to high prices or not even existent treatment, while both this problems might have more causes. These causes may and may not stem from the current patent system. That is why we further analyse current measures...

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