Κατεύθυνση Άυλα Αγαθά και Ανταγωνισμός
Library of the School of Law

2025-01-29

2025

Papadopoulos-Ioakeimidis Nikolaos

1) Ιάκωβος Βενιέρης, Επίκουρος Καθηγητής, Τμήμα Νομικής, Εθνικό και Καποδιστριακό Πανεπιστήμιο Αθηνών
2) Χρήστος Χρυσάνθης, Αναπληρωτής Καθηγητής, Τμήμα Νομικής, Εθνικό και Καποδιστριακό Πανεπιστήμιο Αθηνών
3) Ευθυμία Κινινή, Επίκουρη Καθηγήτρια, Τμήμα Νομικής, Εθνικό και Καποδιστριακό Πανεπιστήμιο Αθηνών

Τα διπλώματα ευρεσιτεχνίας στην φαρμακευτική βιομηχανία.

Greek

Patents in the pharmaceutical industry.

Nowhere is the social impact of industrial property more evident than in the field of pharmaceutical patents, because medicines are products of vital importance for society as a whole and for the preservation and continuous improvement of public health.

This paper consists of two parts. The purpose of Part A is to first present some basic points about patents, mainly their economic function and the essential conditions for granting them, and then to analyze in greater depth the institution of patents in the pharmaceutical industry, focusing on the specificities of the pharmaceutical market, the legislative regime governing these patents, the conditions for granting them and their scope, the circulation of generic medicines, as well as the conditions for granting them, the conditions for granting patents and the conditions for granting them, and their scope. It should be noted that all these issues in Part A are supplemented and explained in more detail and at a practical level by a large number of decisions, mainly of the Court of Justice of the European Union, but also by certain decisions of Greek courts.

The purpose of Part B is to approach the issue of compulsory licenses for patents on medicinal products, particularly in times of health crises that threaten public health. In order to achieve this in a smooth and structurally sound and logical manner, we will first address the general possibility of economic exploitation of a patent and then proceed by examining the legal nature of compulsory exploitation licenses and the various legislative texts in which they are found. Finally, we will analyze the institution of compulsory licensing in the light of public health, with a focus on the implementation of Article 31 of the TRIPS Agreement in developing countries and the operation of compulsory licensing in the context of the Covid-19 pandemic.

Law and Legislation

Commercial Law
Law of Competition

patents, invention, pharmaceuticals market, generics, Supplementary protection certificates, TRIPs agreement, Covid-19 vaccines public health

No

0

No

70

76

https://pergamos.lib.uoa.gr/uoa/dl/object/3457940/file.pdf

https://pergamos.lib.uoa.gr/uoa/dl/object/3457940