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Full-Text Articles in Law
The Big Idea: Prizes To Stimulate R&D For New Medicines, James Love, Tim Hubbard
The Big Idea: Prizes To Stimulate R&D For New Medicines, James Love, Tim Hubbard
Chicago-Kent Law Review
No abstract provided.
A New World Order For Addressing Patent Rights And Public Health, Cynthia M. Ho
A New World Order For Addressing Patent Rights And Public Health, Cynthia M. Ho
Chicago-Kent Law Review
Can patent rights and public health coexist? This is a pressing global question in an era where the AIDS pandemic rages in countries that cannot afford to pay for the most effective—and patent-protected—AIDS treatment. Even in countries with higher levels of income, patent problems may nonetheless loom large in unanticipated situations that could turn deadly without access to patented drugs, such as the 2001 anthrax "crisis" or the potential avian flu epidemic. This article provides an important perspective on how international laws currently impact the intersection between patent rights and public health. This article begins with an explanation of patent …
The Hatch-Waxman Act And Market Exclusivity For Generic Manufacturers: An Entitlement Or An Incentive?, Ashlee B. Mehl
The Hatch-Waxman Act And Market Exclusivity For Generic Manufacturers: An Entitlement Or An Incentive?, Ashlee B. Mehl
Chicago-Kent Law Review
One of Congress' central goals in enacting the Hatch-Waxman Act was to expedite and encourage earlier market entry for generic pharmaceutical products. The Act provides that a generic firm may challenge a drug patent during its term by filing paperwork with the FDA that alleges either that its generic product does not infringe the relevant patent, or that the patent is invalid. If the patentee disagrees with the allegation of the generic firm, it may file suit and have a court determine infringement and validity. If the generic firm prevails in court on either count, it may enter the market …