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.
Rezensionen / Stimmen
'Bryan Mercurio's book breaks new ground in making the link between international legal obligations and domestic policymaking in the field of pharmaceutical patent law. Demonstrating a solid understanding of the fundamentals and nuances of these complex areas, Mercurio's clearly written book offers expert analysis and recommendations which will garner attention from both scholars and policymakers. With the publication of this book, Professor Mercurio further cements his place as the world's leading international economic law scholar researching on intellectual property rights.' Lorand Bartels, University of Cambridge 'Professor Bryan Mercurio once again demonstrates his expertise in both international economic law and intellectual property law in his forthcoming book on pharmaceuticals, patents and policy in Hong Kong. The book is a must-read for any scholar interested in this important topic, and in general. The book is innovative in approach, significantly advances the literature and should be engaged with not only by the academic community but also by policymakers in Hong Kong and elsewhere. Page after page, the book demonstrates how few, if any, scholars possess Professor Mercurio's ability to expertly understand the details of the patent regime and the pharmaceutical industry, and with it offering clear and practical recommendations as a way forward in this important area of the law and policy ... I deeply enjoyed [the book] and found it to a superb piece of scholarship and one that is much needed in the legal literature.' Irene Calboli, Singapore Management University 'This timely, well-written and carefully analysed book provides a definitive study of the pharmaceutical patent system in Hong Kong. More broadly, it reveals the far-reaching impacts new international trade and intellectual property standards can have on local health systems. The book strikes a rare but appropriate balance between a global perspective and local contextual analyses. It is a must-read for anybody interested in intellectual property, public health and international trade.' Peter K. Yu, Director, Center for Law and Intellectual Property, Texas A&M University 'Professor Mercurio has written the definitive book on this important topic. Innovative, well researched and argued, it will have a significant impact on policy not only in Hong Kong but internationally. It is a must read for academics, policymakers and practitioners involved in the area.' Andrew Mitchell, University of Melbourne 'Like previous works by Professor Mercurio, this book is engaging and easy to read and is a welcome contribution to the study of pharmaceutical patent law and policy. It is highly recommended to scholars, policymakers and industry practitioners. Undoubtedly, this book deserves to be viewed as a model to understand and assess policy objectives in patent law and should be considered as a template for best practices in addressing pharmaceutical patenting in emerging and developing economies.' Pratyush Nath Upreti, Journal of Intellectual Property Law & Practice '[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
Bryan Mercurio is Professor of Law, Associate Dean (Research) and Vice Chancellor's Outstanding Fellow of the Faculty of Law at The Chinese University of Hong Kong. He is a leading expert in the intersection between trade law and intellectual property rights.
Autor*in
The Chinese University of Hong Kong
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.
