Protecting the pharmaceutical inventions. Patent, marketing authorisation and supplementary protection certificate Cover Image
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Protecția invențiilor din domeniul farmaceutic. Brevetul de invenție, autorizația de introducere pe piață și certificatul suplimentar de protecție
Protecting the pharmaceutical inventions. Patent, marketing authorisation and supplementary protection certificate

Author(s): Viorel Roș
Subject(s): Law, Constitution, Jurisprudence
Published by: Asociaţia Ştiinţifică de Dreptul Proprietăţii Intelectuale
Keywords: supplementary protection certificate; patent; exclusive right; temporary monopoly; territorial monopoly conditions for protection; health; medicinal products; authorisation procedure

Summary/Abstract: Health and the „art of healing” have always concerned mankind. The history of medicine began when primitive man learned to use plants and herbs to treat diseases. We must admit that the legacy of ancestors – Chinese, Egyptians, Greeks, Romans and Arabs – is extremely important in our becoming and recognizing their priority of ideas is not only ethical, it is a duty. That is why I began my paper whith a short history of medicine, medicines and surgery techniques. The paper below is aimed to present special issues regarding the patent for medicinal products (european supplementary protection certificate) and authorisation of placement on the market of medicinal products. This issues are challenging, as the patent is the protection title conferring its holder a temporary and territorial monopoly (meaning also manufacture and market the product), but without authorisation, the placement on the market of innovator medicinal products, protected by patent, is illegal, if not impossible.

  • Issue Year: 2015
  • Issue No: 2 (43)
  • Page Range: 7-49
  • Page Count: 43
  • Language: Romanian