4.28 Compulsory License and Research Exemption

4.28 Compulsory License and Research Exemption - Compulsory...

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Compulsory License and Research Exemption Not important of difference of terms. But important Exception: beyond patent scope, not infringement at all. Exemption: in patent scope, infringement but excused. Pure scientific inquiry: Most country try to exempt. Experimental – basic science truly experiential ? Research – commercial oriented ? Why real problem if no research exemption ? block both upstream and downstream innovation. Especially when it is the pioneer patent, which is fundamental. But it is not easy to know if it is pioneer patent at the first beginning. Expensive what? Common law Bolar= regulatory= hatch-wax man information submission is required by regulatory of drug approval. If no exemption, generic drug needs to begin research after patent term and put into
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This note was uploaded on 08/27/2008 for the course LAW P E589 taught by Professor O'conor during the Spring '08 term at University of Washington.

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