إشكالية تحقيق التوازن المفقود بين تفعيل حقوق البراءة الدوائية و مقتضيات تجسيد حق الإنسان في الصحة

Abstract EN

It is not possible to talk about drug innovation without talking about public health, because the importance of medicines is highlighted for society, and here what can sometimes justify their exclusion from the field of protection by patent due to the monopoly granted to the inventor, and the desire of the legislator to prevent monopolies in a vital field such as public health, however, the development of research and development activities in this sector has led to the need to preserve them in the patent system, which is expressed in the privacy of the drug in the pharmaceutical industries.

Although pharmaceutical patent rights determine the exclusive rights of owners, which are monopolistic in nature, their granting in connection with a medicine prevents its obtaining and increases.

Legislation in many countries of the world has tended to exclude it from the scope patent protection because it is inherent in the right to health enshrined in international charters and declarations, or at least to restrict the scope of the protection granted to this type of patent.