Regimul juridic al licenţelor obligatorii neexclusive - o posibilă cale de acces la tratamente medicale noi

dr. DAN CIMPOERU*

* e-mail: dcimpoeru@gmail.com

Avocat - Baroul Bucureşti

ABSTRACT

The problems of compulsory licences in the matter of patents has received a unitary regulation with the signing of the Agreement on Trade-Related Aspects of Intellectual Property Rights - TRIPS Agreement. Likewise, the Doha Declaration (Doha Declaration on the TRIPS Agreement and Public Health) is an important legal reference point because it clarifies a number of practical aspects relating to the compulsory licences in the matter of new medicines both in terms of the production for the domestic market and the import of such products.

In the context of the sharp rise in the prices of new medicines, as well as of the constant pressure on the public health insurance budgets, the mechanism of compulsory licences may represent for the patients a new way of access to the new innovative medical therapies.

This...