Terms «medicines availability» and «accessibility of medical devices» and patent law

Abstract

State strategic and regulatory documents in healthcare use the terms “medicines availability” and “accessibility of medical devices”. However, there are neither any definitions of these term, nor there are specific details in those documents. Currently, the issue is especially relevant when legal mechanisms of compulsory licensing and the use of patents without the consent of patent holders for national security benefits need to be straightened.
The article discusses the need for deeper understanding of the terms in the Russian legal system. Based on comprehensive analyses, the basic criteria, characterizing the availability of medical goods are highlighted along with the expediency of taking into account these criteria with possible limitations of patent holders’ exclusive rights in respect of medicines and medical devices
Thus, taking into account the specification of physical and economic accessibility criteria, as well as other identified parameters proposed for discussion of the terms “medicines availability” and “accessibility of medical devices” by the expert community.