PCL201H1 Lecture : Lecture 31 Intellectual Property and Drug Patents
Document Summary
Trademarks: word, logo, combination; distinguishes goods/services from legal entity and its competitors, length of protection: potentially indefinite. Copyright: sole right to produce/reproduce work, perform work in public, publish, length of protection: potentially indefinite. Patents: provide exclusive right to make use of/sell invention, term: 20 years from filing date. Invention: new, useful, improvement: bargain between state and inventor, excluded from patentability, scientific principles, abstract theorems, higher life forms, business methods, obtained in each country (no worldwide patent, strong vs. weak patents. Includes drug description, manufacture details, manufacture plant, tests to control purity, potency, stability, evidence of clinical effectiveness, draft labeling, side effect claims, contra-indications: health canada review, approves by issuing notice of compliance (noc) Identical amounts of identical medicinal ingredient, comparable dosage form, does not necessarily contain same non-medicinal ingredients: bioequivalent to brand drug, patent issues must be addressed before noc granted.
