COMPULSORY LICENSE FOR PATENTS RELATING TO THE PRODUCTION OF PHARMACEUTICAL PRODUCTS

Abstract

The subject of this paper is the compulsory license for patents related to the production of pharmaceutical products through a comparative study of international conventions and agreements, the regulations of the European Union, the legal regulations of the Republic of Serbia and Bosnia and Herzegovina, and the practices of countries that issued compulsory licenses for patents that related to the production of pharmaceutical products. The work is divided into two parts. In the first part, the historical development of the compulsory license and the practice of issuing a compulsory license for patents related to the production of pharmaceutical products were presented. In the second part of the paper, compulsory licenses for patents related to the production of pharmaceutical products intended for export to countries that have problems with public health are theoretically and practically considered. The aim of the research is to determine whether developed countries, on the one hand, and developing and underdeveloped countries, on the other hand, have the same approach and interests for the use of compulsory licenses for patents related to the production of pharmaceutical products.