الحماية القانونية لبراءة اختراع الأدوية في ظل التشريعات الوطنية والاتفاقيات الدوليةدراسة تحليلية مقارنة
Date
2021-05-20
Authors
شريهان خالد خليل إبداح
sherhan . k . k. lbdah
Journal Title
Journal ISSN
Volume Title
Publisher
جامعة القدس
Abstract
This study was devoted to research on the legal protection of the patent for its importance in our lives, whether it was on the economic, social or political side. First, it was necessary to define the property because it is the basis of life and then to the essence of intellectual property in general because it is related to the human mind, a number of views differed on the modernity of the legalization of intellectual property as a legal term. It then dealt with the intellectual property sections, literary property and industrial property, and later deal with the patent, which is the nucleus of technological and technological progress. Invention, where there is no specific definition of it because of the different nature of inventions and then touched on the definition of medicine and the legitimacy of therapeutics in Islamic jurisprudence, the study devoted to research the basics of the patent system in the field of medicines and the picture of the conditions required to be available in the pharmaceutical invention to the degree of patentability and international protection, the impact of this protection on the research and health side and the negative impact of international protection on developing countries and the attempt to find legal solutions by understanding the protection that was determined by international law represented in the TRIPS Agreement and introduced it in addition to the legal reality in Palestine in this regard and the extent of the future impact of its accession to the agreements related to pharmaceutical patents. Finally, it deal with the expiration of the patent in the field of drugs and its fall.