Medicine as an Object of Law

Student: Zhemchugov Nikita

Educational Programme: Jurisprudence (Bachelor)

Year of Graduation: 2019

The work is devoted to the problems arising from the circulation of medicines. The author examines the peculiarities of the medicine as an object of law in various legal relations, including civil and administrative. Hypotheses about the possibility of qualification of a medicine as a service, as well as about the uniqueness of the characteristics of the "quality" of the medicine are proved. The issues of patent rights protection have been studied in detail, including, for example, the actual problems of compulsory licensing of medicines. The paper also traces the genesis of the concept of "regulatory rights" and defines the definition of regulatory rights to medicines. The work is based on researches of Russian and foreign scientists devoted not only to legal problems, but also to economic, marketing and other issues. A large volume of normative legal sources and judicial practice is analyzed.

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