دور التراخيص الإجبارية في مواجهة الأوبئة : "الكورونا" نموذجا

Abstract EN

It is clear that the application field vis-à-vis the theory of the autonomy of the will principle has widened in several legal fields, whether at the national or international level, which has enabled it to reach the patent medicine.

Hence, it influences in one way or another on the reconciliation between the public and the private interest.

In addition, as legislations often favour the private interest over the interest public, this trend finds support on the generalization of invention patents including those of drugs.

Nevertheless, each rule has an exception.

Provided that the outbreaks of epidemics and dangerous diseases make the preservation of public health a top priority, it allows the competent authorities to reduce the rights of the patent holder or to seize them completely to face the danger that threatens public health in the country.

Noteworthy to mention that humanity may not have known - outside of a period of wars- a danger more harmful than that until the Covid-19 pandemic.