Abstract

JIMENEZ-VALDERRAMA, Fernando Augusto. PHARMACEUTICAL PRODUCT AND PROCEDURE LEGAL PROTECTION - ANDEAN COMMUNITARIAN LAW, TRIPS AGREEMENT AND FREE TRADE AGREEMENTS COLOMBIA/US AND COLOMBIA/EU. Vniversitas [online]. 2012, n.124, pp.201-233. ISSN 0041-9060.

Patent protection law for pharmaceutical products and medicines must harmonize the interests of both pharmaceutical industry and public health. Any pharmaceutical product must fulfill the requirements established by law to be registered as a patent. In the Andean Community, communitarian law gives preference to local law even if it comes from national sources or international treaties. Free Trade Agreements between Colombia and the United States of America, or Colombia and the European Union recognize the principles of domestic treatment and most favored nation. These agreements also create uniform legislation on patents and establish some instruments to limit the rights of inventors in few cases that involve public health interests. This article is the result of a study made by the author at La Sabana University under the project: "Transformation on Liability in Colombian legislation after the approval of the Trade Agreements between Colombia and the European Union, and between Colombia and the United States of America - Intellectual Property Chapter". Several resources such as history, judicial decisions, author's opinions a comparative law were used.

Keywords : Patent Law Protection; Patent Requirements; Pharmaceutical products; Medicines; Andean Communitarian Law; Free Trade Agreement Colombia - USA; Free Trade Agreement Colombia - UE; trips Agreement.

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