title: The impact of the legal regime of intellectual property protection in the pharmaceutical market.
abstract: BACKGROUND
  the functioning of the healthcare industry in any country is impossible without providing enough medicines for patient care. This problem can best be resolved only when the majority of drugs, especially vital, will be made at national plants (industry). In this context, competition from generic drugs is the most optimal strategy to reduce drug's prices.
  
  
  OBJECTIVE
  the paper should examine how the legal regime of intellectual property affects the availability of medicines for people and identify ways of supporting breakthrough inventions and counter ≪unreal innovations≫.
  
  
  METHODS
  for the purpose of study were generalized information from the scientific journals of medical and legal perspective, monographs by using a set of scientific methods. Namely under systematic approach have been analyzed the problems of pharmaceutical market, ways of producing generic and original drugs. Comparative legal method was useful for learning features of flexible mechanisms of the TRIPS Agreement and market regulation of medicines in the world.
  
  
  RESULTS
  based on the research was found that developed countries with strong pharmaceutical industry are interested in maximizing the protection of intellectual property rights, including importing countries. Flexible mechanisms of the TRIPS Agreement can be useful for developing countries.
  
  
  CONCLUSIONS
  thus, successful development of pharmaceutical industry and health care should be accompanied by the following measures: - improvement of public health must be recognized as a main task of government policy; - substantial state support aimed at increasing the availability of drugs in the domestic market and the strengthening of export potential; - decrease patent protection of medicines and stimulate market launch of generic copies.
authors.affiliation: Poltava Law Institute of Yaroslav Mudryi National Law University, Poltava, Ukraine.
authors.forename: Vitaliy M
authors.initials: VM
authors.lastname: Pashkov
authors.affiliation: Higher State Educational Institution Of Ukraine "Ukrainian Medical Stomatological Academy", Poltava, Ukraine.
authors.forename: Iryna A
authors.initials: IA
authors.lastname: Golovanova
authors.affiliation: Poltava Law Institute of Yaroslav Mudryi National Law University, Poltava, Ukraine.
authors.forename: Andrii A
authors.initials: AA
authors.lastname: Olefir
mesh_terms: D003906:Developing Countries; D004345:Drug Industry / Q000331:legislation & jurisprudence*; D016568:Drugs, Generic; D006297:Health Services Accessibility / Q000331:legislation & jurisprudence*; D006801:Humans; D018973:Intellectual Property
chemical_list: D016568:Drugs, Generic
keywords:  intellectual property;  invention;  patents;  pharmaceutical market; pharmaceutical preparations