Abstrakt: |
In order to improve the use of generic drugs, Portugal has established mandatory arbitration for disputes between patent holders and the applicants of generics. However, the scope of jurisdiction of this arbitration raises several questions, notably whether the arbitration court can, inter partes and incidenter tantum, invalidate such patents; a divergence between the Supreme Court of Justice and the Constitutional Court of Portugal has emerged and is pending on this question. [ABSTRACT FROM AUTHOR] |