Il fenomeno dell’evergreening tra diritto alla salute e copertura brevettuale dei farmaci di Federica Nanci
In Discussione
1 Agosto 2017
Abstract – The pharmaceutical industry plays an important role in human health. For this reason, the legislator is interested in encouraging it. Patents are a means to achieve this. The balancing between the right to health, freedom of science and the author’s interest is represented by the prediction of a term over the duration of patents. However, industry practitioners tend to prolong the duration of the privatization by requesting patents covering secondary aspects of the same drug. This practice, known as evergreening, is likely to alter the aforementioned balancing. It also may be an abuse of dominance. The lawyer is therefore called upon to make a solution.
Keywords – Health, drugs, patents, evergreening, abuse.