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Access to Medicine in the Global EconomyInternational Agreements on Patents and Related Rights$
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Cynthia Ho

Print publication date: 2011

Print ISBN-13: 9780195390124

Published to Oxford Scholarship Online: May 2011

DOI: 10.1093/acprof:oso/9780195390124.001.0001

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A Limitation on the Patent Right to Exclude: An Introduction to International Exhaustion

A Limitation on the Patent Right to Exclude: An Introduction to International Exhaustion

Chapter:
(p.35) 2 A Limitation on the Patent Right to Exclude: An Introduction to International Exhaustion
Source:
Access to Medicine in the Global Economy
Author(s):

Cynthia M. Ho (Contributor Webpage)

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780195390124.003.0003

This chapter builds upon the basic patent concepts explained in Chapter 1 to explain an important yet confusing doctrine referred to as “international exhaustion,” recognized by some countries. Patent-owning pharmaceutical companies are strongly opposed to this doctrine because it challenges their desired business model of segregating markets to maximize the profit in each. This doctrine impacts whether drugs first sold by the patent owner in one country may be imported by another into a second country without violating patent laws. A country that recognizes international exhaustion may be able to import cheaper versions of drugs.

Keywords:   patents, international exhaustion, pharmaceutical companies, market segregation, import

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