EXCO/DE10/RES/003(GB)
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Resolution of the Executive Committee, Munich, Germany,
5-8 September 2010
“Patentability of Second (or Further) Medical Uses”
FICPI
, the International Federation of Intellectual Property Attorneys, broadly representative of
the free profession throughout the world, assembled at its Executive Committee held Munich,
Germany, from 5 to 8 September 2010, passed the following Resolution:
Having in mind
that a second (or further) medical use is based on the invention of a new use for a
known compound or composition having a previously known different use;
Noting
that
Article 27 Paragraph 1. of the TRIPS Agreement includes broad, inclusive language
defining the scope of patentable subject matter and states that “patents shall be available and patent
rights enjoyable without discrimination as to the field of technology”;
Considering
that some countries exclude from patentability second (or further) medical uses of a
known compound or composition, whereas other countries allow such uses to be patented; and
Emphasising
the importance of affording patent protection for second (or further) medical uses to
encourage the development of new medicines and the improvement of public health;
Resolves
that no country should exclude from patentability second (or further) medical uses,
provided that such uses meet all other patent eligibility requirements.