Abstract
[Machine translation] Drugs were removed from the patent regime for a long time after the birth of industrial production. Only in 1978 did the Constitutional Court repeal the ban, under pressure from international trade and following the example of other European states. The granting of the patent is explained by the need to remunerate large investments in private research in order to protect good health and is justified by the fact that the system appeared equipped with the necessary tools to counterbalance the right of exclusivity granted with the patent. The instruments considered by the court are the power of the state to expropriate the private for public utility, the power to impose compulsory licenses, the power to set the prices of drugs authoritatively and the temporarily limited duration of the patent. However, in the following years, the price setting system was transformed into an individual negotiation, the remedy of expropriation was never applied, compulsory licenses remained essentially ineffective (even in the case of the Covid-19 pandemic), and huge public funding for private research led economists to question the existence of the assumptions on which the exclusive patent regime is based.
| Translated title of the contribution | [Machine translation] THE PATENT ON DRUGS AND INEFFECTIVE BALANCING TOOLS |
|---|---|
| Original language | Italian |
| Title of host publication | Saggi sull'innovazione. Aspetti giuridici ed economici nel Meracto Interno europeo |
| Publisher | IUSE Istituto Universitario di Studi Europei |
| Pages | 34-43 |
| Number of pages | 10 |
| Volume | 1 |
| ISBN (Print) | 9788894151688 |
| Publication status | Published - 2025 |
Keywords
- Brevetto. brevetto sui farmaci. Licenza obligatoria. TRIPS. Corte Costituzionale.
