Research Handbook on Patent Law and Theory
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Research Handbook on Patent Law and Theory

Second Edition

Edited by Toshiko Takenaka

This significantly updated second edition of the Research Handbook on Patent Law provides comprehensive coverage of new research for patent protection in three major jurisdictions: the United States, Europe and Japan.
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Chapter 14: Pharmaceutical patents

John R. Thomas

Abstract

The Hatch-Waxman Act was a bold experiment that linked the patent and food and drug laws. A successful project that has been imitated around the globe, the statute nonetheless tested the foundations of intellectual property law and led to private behaviors that frustrate its public goals. This chapter reviews the history of the Hatch-Waxman Act, discusses its abuse by pharmaceutical enterprises, and considers its implications.

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