TEMPORARY RESTRICTION OF PATENT RIGHTSIN THE CONTEXT OF COMPULSORY L ICENSING OF MEDICINAL PRODUCTS: NATIONAL AND FOREIGN EXPERIENCE

Анотація

The purpose of the article is to study the mechanism of temporary restriction of property patent rights to medicines, which is called "compulsory licensing", based on the analysis of the relevant national and foreign experience. Research methods. To achieve the study's goal, the author has used general scientific and special methods of cognition; the comparative law method, which has allowed comparing the domestic and international experience of legal regulation of compulsory licensing of medicines, plays an important role in the research process. Results. The legal categories denoting the procedure for compulsory licensing of medicines in the world practice are examined. The international legal formation of the institution of restriction of patent rights by issuing compulsory licenses in general, incl. medicines, is covered. The research has analyzed the experience of introducing the legal institution of compulsory licensing of medicines in individual countries (the case of the USA, Germany, Great Britain, France, and China). The author has separately elucidated the fact that compulsory licensing of medicines received a new impetus to development in the context of the world's fight against the COVID-19 pandemic. The cases of many countries which adopted specific legal regulation in the area concerned have been analyzed (Australia, Brazil, Canada, Chile, Colombia, Ecuador, Hungary, Indonesia, and Russia). Conclusions. As a result of the study of the experience of the above countries, the author concludes that compulsory licensing of medicines is used primarily to protect the national interests of the state, in particular economic ones, as well as to ensure the protection of public health. Based on the analysis of the current legislation of Ukraine, the author asserts that the institution of compulsory licensing of medicines is at the stage of initial development: today there is no proper legal regulation of this group of legal relations, which makes its functioning impossible, and the recently introduced legal institution of managed entry agreement

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