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Title: Patent Rights & International Public Health: Orphan Drugs
Keywords: Patent law orphan drugs innovation
Issue Date: 9-Mar-2008
Citation: HEATHER ANGELINE ROBERTSON (2008-03-09). Patent Rights & International Public Health: Orphan Drugs. ScholarBank@NUS Repository.
Abstract: A deficiency of research and investment into less common orphan diseases, resulted in a situation commonly referred to as orphan drugs: drugs targeting those diseases which have not yet been adopted by the pharmaceutical industry. Two main pieces of orphan drug legislation were introduced in the US and EU, both of which recognized the lack of market incentives for pharmaceutical companies to develop orphan drugs. Referencing the patent regime, principles of economic utilitarian patent theory should be utilized to address the problem of orphan drugs. In particular, the creation of a hybrid intellectual property right should be offered in place of the marketing exclusivity rights. While the principle objective of orphan drug policy was to stimulate innovation and foster the development of new therapeutic drugs, the adoption of a hybrid right embodying that same economic utilitarian reasoning should likewise be utilized in order to encourage more efficient innovation.
Appears in Collections:Master's Theses (Open)

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