Review of Granted Compulsory Licences
Legislators recognise that exceptions and limitations may be established to help the achievement of the ultimate goal under patent law. However, exceptions and limitations are made to keep the interest balance between the patentee and the public, including the potential competitors of the patentee. Such interest balance would be obtained when patentees are restrained from asserting their exclusive rights against some acts that have no substitution effects on the patented products and, at the same time, are conducive to the disclosure of and access to the patent to enhance the technological development. This inference is supported by Art. 30 of the TRIPS Agreement, after which limited exceptions can be allowed in patent law provided that they “do not unreasonably conflict with a normal exploitation of the patent and do not unreasonably prejudice the legitimate interests of the patent owner, taking account of the legitimate interests of third parties”.
Compulsory Licensing of Patents: The Bayer/Natco Case
On 9th March 2012 the Indian Controller of Patents granted the first compulsory licence in India. Indian generics producer Natco Pharma Ltd. has been granted the right to produce and sell in India Bayer’s patented medicine “Sorafenib”, which is useful for treating advanced stage liver and kidney cancer. After a brief introduction on compulsory licenses under the TRIPS Agreement and the Paris Convention, the author verifies whether the decision of the Controller of Patents satisfies the conditions set forth by the these international treaties in relation to compulsory licenses. He concludes inter alia that the ruling might be in violation of the non discrimination principle enshrined in Article 27(1) TRIPS. General comments are also made about the role of compulsory licensing in guaranteeing the availability of patented products to a wide range of consumers and in general the transfer and dissemination of the associated technology.
Influence of filler addition, storage medium and evaluation time on biaxial flexure strength and modulus of adhesive systems
Abstract Objective. This study evaluated the effects of filler addition, storage medium and time on biaxial flexural strength and flexural modulus of six adhesive systems. Materials and methods. The adhesives were either unfilled resins: Single Bond, Prime&Bond 2.1 and One-Step; or filled resins: Single Bond Plus, Prime&Bond NT and One-Step Plus. Resin discs of each product (0.5 mm thick × 6.0 mm diameter) were prepared using silicon molds (n = 10). The discs were stored dry, in water, mineral oil or ethanol for 1 week or 3 months before biaxial flexural testing. Data were statistically analyzed by 3-way ANOVA and Tukey's post-hoc test (α = 0.05). The specimens were tested in a universal testing machine at 1.27 mm/min until failure occurred. Results. In general, the storage in ethanol led to significantly lower flexural strength and flexural modulus values than the other storage conditions for all adhesives in both storage periods. Filler addition increased flexural strength and flexural modulus for Prime&Bond NT, when it was stored dry or in water for 1 week. For Single Bond Plus, the filler addition resulted in higher flexural modulus, when it was stored for 1 week in oil and in ethanol. No significant differences in flexural modulus were observed between One-Step and One-Step Plus in any storage medium. Conclusions. Results suggested that filler addition does not necessarily have to increase the flexural strength and flexural modulus. Ethanol and oil storages tended to yield opposite effects.