A critical study of the first and second use patents in the Andean Community: the Viagra case = Un estudio crítico de la negación de las patentes de primer y segundo uso en la Comunidad Andina: el caso del Viagra
The main Topic of this dissertation is to critically analyze the obligations of States’ parties to the TRIPS Agreement in relation to the extent of protection that they are bound to confer on first and second medical use patents. In this sense, the Viagra case illustrates the tensions between the national pharmaceutical industries of the States members of the Andean Community and a leading pharmaceutical company like Pfizer. The dissertation pretends to demonstrate that the decisions taken by the authorities in the Andean Region were consistent with the international minimum standards of IPRs as embodied in the TRIPS Agreement. The Viagra case is the most important series of administrative and judicial decisions concerning first and second use patents in the Andean region. It is composed of the administrative rulings of the member States national authorities of the Andean Community, by the administrative rulings of the Andean Community Secretariat and by the judicial decisions of the Andean Tribunal of Justice. This case was elected as the topic of the dissertation because it doesn’t follow the international trend to expand the levels of patent protection, which has occurred in two ways. First, the scope of patentable subject- matter has been given an inclusive interpretation. Secondly, the restrictions on patentability have been narrowly interpreted.
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