النظام القانوني للتراخيص الإجبارية في براءة الإختراع الدوائية وفق لأحكام إتفاقية التريبس

الملخص EN

The legal system of compulsory licenses in the pharmaceutical patent in accordance with the provisions of the Trips Agreement.

In the ence of the developing countries' ability to provide patented medicines, this is due to the exclusive rights of the patent holder.

On the one hand, these countries find themselves subordinate to the pharmaceutical patent owner's policy; and are obliged to meet the public health demand and provide medicines with quality and price commensurate with their economic situation.

The Intellectual Property Rights Aspects Agreement (TREPS) intervenes to provide a mandatory (compulsory) licensing mechanism for the exploitation of pharmaceutical patents, which allows access to medicines without the permission of the patent owner.

This is legitimate in accordance with general cases of compulsory licenses, such as the lack of exploitation or inadequacy of the patent.

Some of the special cases in which Member States are able to take some measures that allow for the use of compulsory licenses: the high prices of medicines and their low quality or the face of certain special and critical diseases