특허권존속기간연장등록제도가 제약 산업에 미치는 영향

Title
특허권존속기간연장등록제도가 제약 산업에 미치는 영향
Authors
이봉문
Keywords
법학연구, 특허권, 제약
Issue Date
2003
Publisher
인하대학교 법학연구소
Series/Report no.
법학연구제6집281-322 pp.
Abstract
Aside from the acquistiton of the patent right, sales approval
from an administrative authority after substantial period of
clinical examination shall also be obtained in order for the
proper implementation of medical supply related to the patent
invention.

To resolve the problem, the 'Drug Price Competition and
Patent Term Restoration Act of 1984, Public Law No.98-417'
was enacted via the signature of President Reagan in 1984, and
thus the system so called 'Patent Term Restoration' was first
adopted in the US.

The system was later welcomed by a number of other states
for adoption into their legal systems which inevitably
recognized the value and the necessity of it, including Japan
since 1988 and Europe sice 1993 under the name of
'Supplementary Protection Certificate'(SPC).

Republic of Korea adopted 'Product Patent System' in 1987,
and became the second country to do so in the world following
the US. However, the application of patent term extension
registration in accordance with the system was achieved only
after 1999. Furthemore, there still are a number of issues to
be sorted out clearly for the reasonable implementation of the
system.

The purpose of this article is to state the general view on the
system and historic background in the US, which first enacted
the framework, and to have a careful look at the influence that
the patent term extension registration system has on the
pharmaceutical industry, so as to find reasonable and effective
ways and methods to operate and implement the system.
URI
http://dspace.inha.ac.kr/handle/10505/617
Appears in Collections:
연구기관 > 법학연구소 > 법학연구(法學硏究)
Files in This Item:
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