Intellectual Property Rights and Research and Development Challenges in the Pharmaceutical Industry

Document Type : Original Article

Authors

1 Head of specialized health law department of virtual university of medical science, Tehran, Iran.

2 Graduate of the international trade law, Pardis Azad University, Tehran, Iran.

3 Legal Researcher, Paiam Nour, Tehran Iran.

4 Graduate of the private Law, Islamic Azad University Science and Research Branch, Tehran, Iran.

Abstract

Introduction: To strengthen and promote public health, governments try to encourage pharmaceutical companies to conduct research and pharmaceutical innovation by providing incentives such as patents or intellectual property so that they enjoy special rights arising from drug registration as an invention.
Methods: I This article examines experimental research on intellectual property and the pharmaceutical industry on methodological issues and the main sources of data on some important issues and fundamental gaps in this direction.
Results: Despite the existence of fundamental issues, there is relatively little empirical evidence in support of intellectual property policy, and the pharmaceutical sector in the economic field is not only complex, but also has high legal oversight. However, interventions by educated intermediaries such as physicians and pharmacists have a profound effect on drug demand. In this way, the community's need for access to new and effective drugs is met.
Conclusion: It is the duty of governments to ensure the safety, efficiency and quality of health products, focusing on the health of individuals in society. According to the traditional rules of the patent system, there are two major challenges to the advancement of the new drug capability, and even the Trips agreement does not say that these innovations are new, but only requires members of the World Intellectual Property Organization to certify patents. Grant products and processes that are fundamentally new.

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