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The impact of intellectual property rights on health care in Canada



The impact of intellectual property rights on health care in Canada



Health Law in Canada 28(3-4): 89-101



Advances in biotechnology can lead to promising disease treatments and medicines. In order for these advances to reach fruition, however; there must be an incentive to incur the significant costs associated with the developments. Intellectual Property ("IP") regimes, particularly patents, are crucial in this regard. The limited monopolies offered by patent rights serve as an incentive to develop technology. The benefits of securing future advancements need, however, to be balanced with the exclusivity of IP protection and any potential "chill" on the use and/or development of health care technology. This article explores the relationship between IP, innovation and public health and examines how all these factors are balanced within a biotechnologically focused economy.

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PMID: 19051969


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