Journal article Open Access

Abuse of Patent Law in the Pharmaceutical Field through the Issuance of "Evergreen Patents": Problems and Legislative Initiatives

V.O. Dunay, L.D. Meniv

The article is devoted to the consideration of issues related to the abuse of patent law in the pharmaceutical sector through the issuance of "Evergreen patents" and the consequences of such violations. In modern realities, life poses serious challenges to medicine, in particular, the preservation of humans as a species, the search for new formulas for medicines for existing diseases and ensuring the availability of medicines to all versts of the population. Therefore, each country faces the task of improving existing technologies that will make life easier for a person in the medical field. In this context, an important tool is the regulatory framework, as a regulator of Public Relations. The legislation of Ukraine and international treaties provide conditions for providing legal protection for the results of intellectual property, but in the field of Medicine and pharmacy, the objects of invention acquire a slightly different content, becoming an instrument for speculation in the hands of unscrupulous innovators. This state of affairs leads to monopolization of leading pharmaceutical companies, restriction of people's access to appropriate medicines or services, slowing down economic development and scientific and technological progress in Ukraine. The article analyzes certain provisions of the law of Ukraine "on the protection of rights to inventions and utility models" regarding the issuance of compulsory licenses, namely, the procedure for obtaining them in the context of the spread of the global coronavirus pandemic. Legislative initiatives on regulating the sphere of intellectual property in the field of Pharmacy are considered. In particular, we are talking about the conditions of patentability of medicines and the possibility of appealing a patent application by any person whose rights were violated. In addition, the authors outline a range of issues that need to be finalized in order to ensure transparency in the procedure for obtaining a patent for a drug, the impossibility of abusing patent law and entering the market of new, more budget-friendly and affordable medicines.

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