A Comparative Study of the Pharmaceutical Industry and Intellectual Property Law in Iranian and the World Laws

Document Type : Original Article

Authors

1 Associate Professor, International Law Department, Faculty of Law, University of Qom, Qom, Islamic Republic of Iran.

2 Master of Intellectual Property Law, Faculty of Law, University of Qom, Qom, Islamic Republic of Iran

10.22091/diplic.2025.10132.1013

Abstract

 In this article, contents such as the definition of the pharmaceutical industry and its relationship with intellectual property law, existing laws and regulations in intellectual property rights in the field of pharmaceuticals, legal solutions regarding the development of developing countries in the field of pharmaceuticals under the intellectual property law, the methods of protecting intellectual property in the pharmaceutical industry and the positive and negative effects of these methods are examined. It will also address the issue of how to improve the quality and accessibility of medicines within the framework of intellectual property law and minimize these two major and perennial problems in the industry, and how to sell the intellectual property of the creative individuals in the pharmaceutical industry as the owners of those assets. What is the approach in famous and important international documents and laws such as the TRIPS agreement? In the field of export and import and reducing the number of middlemen for the greatest benefit for individuals and the country, how can a patent help a drug inventor? Regarding the disclosure or non-disclosure of information and trade secrets of pharmaceutical companies, especially of highly important drugs for specific diseases such as types of cancer and MS, what legal solutions are there in the sub-branch of intellectual property law and what are the legal solutions to maintain drug security and prevent activities such as smuggling, especially in developing countries, and counter sanctions? In addition, existing contracts in this field, such as license and exclusive use contract, and an examination of all of the above regarding COVID-19 and the coronavirus vaccine will be considered. Finally, the exceptions foreseen in international documents and laws and domestic laws of countries, their limitations and solutions, as well as the way private and pharmaceutical companies operate within the framework of intellectual property law, will be examined.

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Main Subjects

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Volume 1, Issue 2 - Serial Number 2
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