Les obstacles juridiques à l'essor des génériques

TL;DRAbstract

The development of generic medicines encounters numerous obstacles. First of all, the direct obstacle constituted by patent law. The multiplicity of patents which exist for the same active ingredient: patents on products, processes, formulations, therapeutic applications or even a combination thereof, the coverage of these various patents being spread over time, greatly complicates the task of the manufacturers of generics and delays the availability of the copied products on the market. Furthermore, some of these inventions, and most particularly the later therapeutic applications have attained patentability thanks to an atypical application of the conditions for patentability. Moreover, the validity of patents for drugs/medicines can be prolonged by means of a supplementary protection certificate which further delays the availability of copies on the market. Some of these titles, based on their very filing procedure, may give rise to controversies as regards their validity. Thereafte

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