International Experience of using Parallel Imports to Ensure the Accessibility of Drugs
O.O. Bakalinska1, Yu. Y. Atamanova2, O. P. Orliuk3

1O.O. Bakalinska, Doctor of Law, Assistant Professor, Kyiv Department of Commercial and Civil Law, National University of Trade and Economics, Chair International, Private.
2Yu. Y. Atamanova, Doctor of Law, Assistant Professor Head, Center for Legal Support of Science and Technologies Developmente.
3O. P. Orliuk, Doctor of Law, Professor, Member National Academy of Legal Sciences of Ukraine, Honored Jurist of Ukraine, the Director of IP Research Institutee.
Manuscript received on 26 November 2019 | Revised Manuscript received on 10 December 2019 | Manuscript Published on 19 December 2019 | PP: 52-56 | Volume-8 Issue-4S November 2019 | Retrieval Number: D10211184S19/2019©BEIESP | DOI: 10.35940/ijrte.D1021.1184S19
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Abstract: The issue of IP rights protection of goods transferred through customs borders, in particular, medicinal products, became topical with the development of international trade. That is why there are many discussions on the parallel import and use of the rights expiration concept in the framework of modern integration processes. The article defines and discloses the features of the use of parallel import measures in the markets of original medicines and generics in different countries of the world and ways of ensuring fair competition in the specified markets; it also analyzes measures to stop anti-competitive behavior. The author also proves that parallel importing issues have not been properly resolved yet. Typically, parallel import matters are considered in terms of counterfeit products or the use of unfair competition in international trade. The problem of parallel imports is important not only in relation to a trademark use, but also in relation to the use of other types of intellectual property, inventions, etc. The approach of legislators and judicial practice to the prohibition or permission of parallel imports depends on the following factors: the ratio of interests of consumers of goods and intellectual property holders; commitments made in accordance with international treaties, both in the field of free trade (creation of a single market) and in the field of protection of intellectual property rights.
Keywords: Medicinal Products, Generics, Replaceability, Patent Protection, Licensing, Compensation, Competition.
Scope of the Article: Bio-Science and Bio-Technology