Cookies Policy
X

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

Synopsis and References of the Case

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this chapter

+ Tax (if applicable)

Chapter Summary

This chapter presents a case that shows the difficulty of applying the provisions of the Agreement on Trade-Related aspects of Intellectual Property Rights (TRIPS Agreement) in the area of pharmaceutical patents. The TRIPS agreement guarantees the exclusive rights of patent owners to exploit patent products and processes. The European communities contested the implementation of these provisions by Canada. This case was of legal interest for two reasons. Above all, it was the first application of the conditions relating to authorised exceptions under the TRIPS Agreement. Secondly, it allowed harmonisation of national solutions to the problem of reconciling the interests of pharmaceutical patent owners and generic drug producers. With respect to the difficulty in articulating the interests of pharmaceutical patent owners and those of generic drug producers, the Panel recognized that State Members have some leeway, in conformity with the flexibility of the TRIPS Agreement itself.

Keywords: Canada; European communities; patent protection; pharmaceutical products; TRIPS Agreement

10.1163/ej.9789004167346.1-644.64
/content/books/10.1163/ej.9789004167346.1-644.64
dcterms_subject,pub_keyword
6
3
Loading

Sign-in

Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
     
    The Case-Law of the WTO / La jurisprudence de l'OMC, 1999-2 — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation