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Issyk Kul , May 27 and 28, 2014

Regional Seminar on the multilateral legal framework and practice of patent protection in the pharmaceutical field Product and Process Patent Protection after the TRIPS Agreement. Issyk Kul , May 27 and 28, 2014. Marco M. ALEMAN Acting Director, Patents Law Division, WIPO.

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Issyk Kul , May 27 and 28, 2014

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  1. Regional Seminar on the multilateral legal framework and practice of patent protection in the pharmaceutical field • Product and Process Patent Protection after the TRIPS Agreement IssykKul, May 27 and 28, 2014 Marco M. ALEMAN Acting Director, Patents Law Division, WIPO

  2. Product patents • Product patent: protect a product as such, e.g. an apparatus, a device or a chemical compound

  3. Process patents • Process patent: series of steps or acts, for performing a function or accomplishing a result

  4. Example: Patent protection available for pharmaceutical products • Product (compound per se/composition of matter) - compounds: patentable if they’re novel and industrially applicable(even only as intermediates in the preparation of other compounds) - compounds: if unknown structure patentable defining its properties or how the compound is made (product by process claim) - composition: sometimes can be claimed when the invention is really a new compound or a new use of an old compound • Process (methods for manufacturing the product) • First and second medical use

  5. TRIPS Agreement. Transition Periods • Obligation to implement the TRIPs provision within a determined deadline set in the Treaty • Article 65.2 TRIPs (General transition Period) • Article 60.4 TRIPs (products patent protection to areas of technology not so protectable within the country when the TRIPs entered into force) • Art. 70.8 patent protection for pharmaceutical and agricultural chemical products

  6. General Transition Periods • Date of entry into force of the TRIPS Agreement: 1st January 1995 • 1st January 1996: 1st deadline • 1st January 2000: deadline for developing countries/countries in transition (5 years of General Transition Period) • 1 January 2006: deadline for LDCs (10 years of General Transition Period)  extended up to July 1, 2013 1994 1995 1996 2000 2006 2013 Adoption entry 1 y to 5 y GTP 10y GTP New GTP of TRIPS into force implement for developing for LDCs for LDCs countries/transition

  7. Pharmaceutical products • No obligation to implement Sections 5 and 7 of part II of the TRIPs or to enforce the rights thereto up to 2005 (for developing countries) or 2016/2021(for LDCs) • Establishment of an Exclusive Marketing Rights (EMR) system during this special transnational periods (but: LDCs not obliged to constitute it)

  8. Transition Periods %

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