The Object and Purpose of Intellectual Property
Show Less

The Object and Purpose of Intellectual Property

Edited by Susy Frankel

Much of the debate around the parameters of intellectual property (IP) protection relates to differing views about what IP law is supposed to achieve. This book analyses the object and purpose of international intellectual property law, examining how international agreements have been interpreted in different jurisdictions and how this has led to diversity in IP regimes at a national level.
Buy Book in Print
Show Summary Details
You do not have access to this content

Chapter 8: Patents, supplementary protection certificates and data exclusivity at the service of pharmaceuticals

Żaneta Pacud


Legal protection for pharmaceutical innovations in the EU involves patents, supplementary protection certificates (SPC) and data exclusivity. The particular rights serve substantially the same purposes and overlap both in subject matter and in time, which raises doubts about their justification. This complex system has been built through various initiatives, including international agreements, legal acts at the Community level and national laws. The legal structure has been shaped extensively by case law, especially judgments of the Court of Justice of the European Union and decisions of the European Patent Office. This chapter presents how the particular legal instruments evolved and how they have influenced the scope of protection for pharmaceuticals. An overview of the legislative and case law milestones, as well as analysis of their rationales, allows for a better understanding of how the balance of interests among many stakeholders has been sought.

You are not authenticated to view the full text of this chapter or article.

Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.

Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.

Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.

Further information

or login to access all content.