Volume 4, Issue 15 (Winter 2010)                   Medical Law Journal 2010, 4(15): 11-56 | Back to browse issues page

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Abbasi M, Mirhossainy S H, Khakpoor M, Abbasian L, Ahmadi M R, Pourzand Moghaddam P, et al . A comparative Study in Legal Protection of Pharmaceutical Innovations. Medical Law Journal. 2010; 4 (15) :11-56
URL: http://ijmedicallaw.ir/article-1-481-en.html
Abstract:  

Among the challenging issues of intellectual property law, discussed how to support and protect the drug because of its association with health in developing countries of particular importance and significance of the day incidence has been added. Pharmaceutical products, sometimes due to a combination of two or more chemical or combination of two or more existing drugs to create new drug is sometimes lost in tillage or crop animal genes (genetic engineering) is obtained. Emergence and growth of genetic engineering in recent decades with the accelerating process of globalization, trade, intellectual property rights worldwide and has given special importance in between, related legal aspects of intellectual property and genetic engineering with regard to its new one side and its role in the development of economic and social development of countries on the other hand is a special value. Genetic engineering has given scientists the possibility of using the human genome and plant and animal cells, such drugs produce useful products and applications in many agricultural areas, has the medical and Criminology. But what is important in producing the drug application process and how the legal protection of this process is in the form of intellectual property rights. Today, genetic engineering of a very special place in the field of human health and its related activities have been and where intellectual property rights, four-axis vanishing point rights, economics and development, politics and culture is, in many aspects of this particularly in areas subject areas studied, one of the most important legal issues has become. This paper reviews the rules of the World and the areas of pharmaceutical innovation comparative study are to address existing problems. Studies on the legal protection of pharmaceutical innovations shows that our country lacks a particular doctrine in the field of intellectual property rights and important issues about the study, all components in the supply intellectual property rights, especially new technologies and developments influencing their drug puts. Until we develop the intellectual property rights doctrine should not and comprehensive system of intellectual property rights and do not define our country certainly should not pass another, even legislative measures in this area cannot be resolver problems.


Received: 2010/10/30 | Accepted: 2011/01/10

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