Legal protection of pharmaceutical test data in developing countries: is there a need to amend data exclusivity regimes? = Protección jurídica de los datos de prueba farmacéuticos en los países en vía de desarrollo
Developing countries have widely adopted data exclusivity for pharmaceutical test data protection although this is not mandated by TRIPS. Moreover at the bilateral level, developed countries have pushed towards stringent IP packages, among them, data exclusivity. The dissertation explores the challenges of data exclusivity in developing countries and argues that the alleged benefits of innovation and dissemination of technology do not exceed the social costs this IP regime poses.
Therefore, the research goes on to examine legal alternatives in compliance with Article 39.3, TRIPS, and suggest other legal frameworks for pharmaceutical test data protection. The study finds that developing countries have underestimated TRIPS flexibilities and have ignored safeguard measures for addressing their public health concerns. The discussion concludes that developing countries are in strong legal position to persuade changes on this field and argues for implementing measures according to the country´s level of development.
Fuente:
Biblioteca Virtual Banco de la República
Formatos de contenido:
Tesis