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Journal Article

Mandatory Arbitration for Patents vs. Generics in Portuguese Law


Pereira,  Alexandre L. Dias
MPI for Innovation and Competition, Max Planck Society;

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Pereira, A. L. D. (2016). Mandatory Arbitration for Patents vs. Generics in Portuguese Law. Medicine and Law, 35(4), 525-540.

Cite as: http://hdl.handle.net/11858/00-001M-0000-002D-0D19-9
In order to foster the use of generics and to cut public spending on medicines, new legislation in Portugal has strengthened the autonomy of administrative procedures in relation to the existence and infringement of industrial property rights and established a mechanism for dispute settlement between patent holders and generic companies, subjecting them to mandatory arbitration. The scope of jurisdiction of this arbitration tribunal has raised a number of issues, particularly with regard to the validity of patents. This paper provides a survey of legislation and recent case law on this issue and some suggestions for improving the current regulation.