Medicines: technology transfer to production, cession of ownership rights for registration certificates and transfer of production in conditions of modern challenges to national and international security

Abstract

The issue of technology transfer to the production of medicines, cession of ownership rights to registration certificates and transfer of the production of medicines in the context of modern challenges to international and national security are investigated in the article. The attention is focused on ensuring the public interest in health care. Emphasis is placed on the human right to effective, safe, high-quality medicines, on ensuring the right to entrepreneurial activity in the field of circulation of medicines. The purpose of this article is to identify areas of international cooperation in the field of technology transfer to the production of medicines and new approaches to the application of legal rules governing legal relations by Ukrainian Courts in the field of circulation of medicines related to the cession of ownership of registration certificates for medicines and transferring the production of medicines from one country to another. The object of the study is the public relations that arise during the transfer of technology to the production of medicines and public relations in the field of circulation of medicines, associated with the cession of ownership of registration certificates for medicines and the transfer of production from one country to another. The methodological basis of the research are general and special methods of scientific knowledge (formal-logical method, comparative-legal, structural-logical). As a result of the conducted research, the directions of international cooperation of states in the field of technology transfer to the production of medicines are defined. The idea of the existing in domestic legal science of a special kind of public interest, that is national security, has been improved. It is argued that it is specified not only by the support of the national manufacturer, but also by the central executive body, taking up measures to withdraw from circulation of drugs within one country, that have been manufactured in another country or on the territories not controlled by the Government, motivated by inability to ensure proper quality control of medicines. It is emphasized that decision-making on the issue of re-registration of medicinal products does not provide for the right of the subject of power to act at its own discretion. New approaches to the application of legal norms by the courts of Ukraine governing legal relations in the field of circulation of medicinal products related to the cession of ownership of registration certificates for medicinal products and the transfer of production from one country to another have been revealed.