Drugs, Patents and Policy
A Contextual Study of Hong Kong

A comprehensive review of Hong Kong's pharmaceutical patent law that will influence debate and inform public policy.

Bryan Mercurio (Author)

9781108796125, Cambridge University Press

Paperback / softback, published 19 December 2019

239 pages
23 x 15.2 x 1.3 cm, 0.45 kg

'[T]he book makes a substantial contribution to this conundrum by drawing widely from patent law and practice variations in other jurisdictions (including Australia, Canada, Japan, Singapore, South Africa, Taiwan, the United Kingdom and the United States). As such, the book builds a clear picture of policy options available to Hong Kong but also with lessons of wider applicability worldwide. For this, and for its profound depth and breadth of knowledge of international and national patent law and practice, the book is highly recommended.' Duncan Matthews, International Review of Intellectual Property and Competition Law

In pharmaceutical patent law, the problem of lack of policy direction and inappropriate legal framework is widespread - particularly among jurisdictions with little to no pharmaceutical research or manufacturing. This book aims to inform public policy and influence debate through a comprehensive review of Hong Kong's pharmaceutical patent law. By demonstrating the need for a holistic review of pharmaceutical patent laws and evaluating Hong Kong's system in light of health policy, economic and social factors, Bryan Mercurio recommends changes to the legal framework and constructs a more efficient and effective system for Hong Kong. He thoroughly evaluates the international framework and best practice models to offer a global perspective to each issue before providing local context in the analysis. While the focus of the book is Hong Kong, the analysis on pharmaceutical patent law and policy extends to other jurisdictions facing issues on reforming their national system.

1. Introduction
2. The contextual framework of Hong Kong's pharmaceutical patent laws and policy
3. Standards of patentability
4. Extension of patent terms for pharmaceutical products
5. Exceptions to exclusive rights
6. Test data exclusivity
7. Patent linkage
8. Conclusion.

Subject Areas: Medical & healthcare law [LNTM], Patents law [LNRD], Intellectual property law [LNR], International economic & trade law [LBBM], Public international law [LBB], International law [LB], Law [L], Pharmaceutical industries [KNDP], International business [KJK], Trade agreements [KCLT1]