Competition and Patent Law in the Pharmaceutical Sector

Author: Gabriella Muscolo
Publisher:
ISBN: 9789041159274
Format: PDF, Kindle
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International Competition Law Series Volume 65 and Competition and Intellectual Property Law in the Pharmaceutical Sector deals with the apparent contradiction between intellectual property (IP) rights (particularly patents) and competition law, with a focus on the pharmaceutical sector: in its aim to promote innovation and long-term competition, the patent system in fact provides a temporary right to exclude. The book explores the possibility of adjusting patent policies to better account for the trade-off between static and dynamic welfare and minimize the risks of anticompetitive behaviour, which happens with the misuse of patents. This book, the first to deal with this issue on a global basis, tackles the clashes of case law by Courts and antitrust enforcement by competition authorities that undermine the predictability of solutions to this problem and increase the risk of fundamental rights violations and excessive transitional costs for enterprises. Examining the approaches to competition and IP regulation in fourteen leading jurisdictions, the analysis provides a comparative perspective on recent relevant regulations and case law in the pharmaceutical sector. Thirty-one contributions by internationally known experts in both fields and– judges in specialized courts, chairmen and board members of national competition authorities, and well-known scholars and practitioners and– focus on the salient topics and on the interplay between patent law and competition law, with an insight into the human rights issues that arise. Whatand’s in this book: Among the topics covered are the following: balancing the human right to health with competition law and IP law; patent lifecycle strategies; reverse payment settlements; abusive litigation; damages for patents and antitrust infringements; co-marketing and co-promotion agreements; and the role of the Unified Patent Court. The jurisdictions covered are Brazil, Canada, China, France, Germany, Greece, India, Italy, Japan, the Netherlands, Russia, South Africa, the United Kingdom, and the United States. The bookand’s ultimate and challenging proposal identifies the pharmaceutical sector as a starting point for reshaping a more procompetitive and harmonized system of regulation. Comparing different systems, the book takes the first step in moving towards a more levelled regulation in the pharmaceutical field. It helps in reducing the lack of uniformity among different legal systems and the clashes of jurisprudence in Court decisions that undermine the predictability of solutions in arising conflicts and increase the risk of violation of Fundamental Rights for individuals and the transitional costs for enterprises. It focuses on IP and competition law related issues and on the interplay between Patent Law and Antitrust Law and Human Rights in the field. How this will help you: As a detailed comparative analysis that clarifies current trends worldwide in regulation and jurisprudence at the crossroads between IP and competition law, the book suggests new ground for steps forward in an essential area for modern economies. In its dedication to striking the right balance between static (short-term) and dynamic (long-term) efficiency, and thus opening the way to a more balanced approach and a higher standard of harmonization in the pharmaceutical sector, this book has no peers. It will be of great value to lawyers, economists, and policymakers in both fields of IP and competition law. and and and

Pharmaceutical Innovation Competition and Patent Law

Author: Josef Drexl
Publisher: Edward Elgar Publishing
ISBN: 0857932462
Format: PDF, ePub
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Public health, safety and access to reasonably priced medicine are common policy goals of pharmaceutical regulations. As both the context for innovation and competitive structure change, industry actors dynamically challenge the balance between the incentive for protection and the achievement of those policy goals. Considering the arguments from the perspectives of innovation, competition law and patent law, this book explores the difficult question of balancing protection with access, highlighting the difficulties in harmonization and coordination. The contributors to this book, including academics, judges and practitioners from Europe, the US and Japan, explore to what extent patent strategies and life-cycle management practices take advantage of patent laws and health-care regulation and disrupt the necessary balance between incentives for innovation and access to affordable medicine and health care. Addressing fundamental questions in the field of pharmaceutical innovation, this book will appeal to scholars and practitioners in intellectual property, competition law and life sciences regulation, as well as pharmaceutical companies and regulators.

Research Handbook on International Competition Law

Author: Ariel Ezrachi
Publisher: Edward Elgar Publishing
ISBN: 0857934805
Format: PDF, Mobi
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The Research Handbook on International Competition Law brings together leading academics, practitioners and competition officials to discuss the most recent developments in international competition law and policy. This comprehensive Handbook explores the dynamics of international cooperation and national enforcement. It identifies initiatives that led to the current state of collaboration and also highlights current and future challenges. The Handbook features twenty-two contributions on topical subjects including: competition in developed and developing economies, enforcement trends, advocacy and regional and multinational cooperation. In addition, selected areas of law are explored from a comparative perspective. These include intellectual property and competition law, the pharmaceutical industry, merger control worldwide and the application of competition law to agreements and dominant market position. Presenting an overview of the current state of cooperation and convergence as well as a comparative analysis of substance and procedure, this authoritative Handbook will prove an invaluable reference tool for academics, competition officials and practitioners who focus on international competition law.

Rethinking Intellectual Property

Author: Gustavo Ghidini
Publisher: Edward Elgar Publishing
ISBN: 1783478012
Format: PDF
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Intellectual property law is built on constitutional foundations and is underpinned by the twin freedoms of freedom of expression and freedom of economic enterprise. In this thoughtful evaluation, Gustavo Ghidini offers up a reconstruction of the core features of each intellectual property paradigm, including patents, copyright, and trademarks, suggesting measures for reform to allow intellectual property to become socially beneficial for all.

Competition Law and Intellectual Property

Author: Giandonato Caggiano
Publisher: Kluwer Law International
ISBN: 9789041134479
Format: PDF, Docs
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This book focuses on the convergent roles of competition law and regulation of IPRs in the context of the European Single Market. The perspectives of the expert authors judges, academics, and lawyers who gathered in Rome in 2009 for the Annual Conference of the Association of European Competition Law Judges disentangle and efficiently recombine the diverse threads woven into this complex pattern: the rapidly evolving technical environment, the decentralization process inherent in the Community acquis, and the lack of a single effective European jurisdiction for IPRs."

Patent Law in Global Perspective

Author: Ruth L. Okediji
Publisher: Oxford University Press (UK)
ISBN: 0199334277
Format: PDF, Docs
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This text addresses critical and timely questions in patent law from a truly global perspective, with contributions from leading patent law scholars from various countries and various disciplines. The rich scholarship featured reflects on a wide range of perspectives, offering insights and new approaches to evaluating key institutional, economic, doctrinal, and practical issues that are at the forefront of efforts to reform the global patent system, and to reconfigure geo-political interests in on-going multilateral, trilateral, and bilateral initiatives.

The Transformation of Enforcement

Author: Hans W Micklitz
Publisher: Bloomsbury Publishing
ISBN: 1849468923
Format: PDF
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This insightful book considers the phenomenon of the transformation of enforcement in European economic law while adopting a distinct global perspective. The editors identify and respond to the need for reflection on transformation processes in the area of enforcement by bringing together the leading international and European scholars in a variety of disciplines to share and compare experiences and learning in different areas of law. Rooted in a wide and regulatory understanding of enforcement, this book showcases the transformation of enforcement with reference to both European economic law (especially transnational commercial law, competition law, intellectual property law, consumer law) and to the current context of significant global economic challenges. Comparative perspectives facilitate the formation of a holistic perspective on enforcement that reaches beyond distinct theoretical accounts, political agendas, regulatory systems, institutional patterns, particular remedies, industry sectors, and stakeholder perspectives. As the first comprehensive and comparative analysis of the enforcement of European economic law that reaches beyond closely confined areas of law, it constitutes a crucial contribution to the theoretical and policy questions of how to design a coherent European enforcement architecture in accordance with essential principles and objectives of the EU economic order This unique study will have broad appeal. By exploring enforcement transformations from a legal and a cross-disciplinary perspective, it will be essential reading for scholars, practitioners and policymakers from different disciplines.

Competition Law and Patents

Author: Irina Haracoglou
Publisher: Edward Elgar Publishing
ISBN: 1848440111
Format: PDF, ePub
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This is an incredibly interesting book on an increasingly pertinent topic. . . the book is succinctly written and provides a comprehensive overview of EU law. . . providing a really useful analysis of the European cases concerned with the imposition of a duty to deal in relation to intellectual property. . . This book is a thoroughly enjoyable read, and perhaps because of its brevity the author retains her focus on the central issues being examined. I found it to be engaging and thought provoking. Jane Nielsen, Competition and Consumer Law Journal The book caters for various groups ranging from those with a general interest in competition law, patent law and/or biopharmaceuticals, to students who want to understand how competition and intellectual property work in practice (or to understand the interface between the two policies), and from practitioners and policymakers to people within the biopharmaceutical industry itself. Journal of Intellectual Property Rights Using the example of research tools in biopharmaceutical research and innovation, this book examines the complexities of the relationship between two fundamental areas of law and policy intellectual property rights and competition law. It addresses a question that is certain to become paramount in other industries also: how to strike the balance between initial and follow-on innovation so as to ensure that access to essential research tools (or other fundamental elements to follow-on innovation) is not impeded. The book concludes by suggesting how competition law could be used to complement the patent balance. Competition Law and Patents caters for various groups ranging from those with a general interest in competition law, patent law and/or biopharmaceuticals, to students who want to understand how competition and intellectual property work in practice (or to understand the interface between the two policies), and from practitioners and policymakers to people within the biopharmaceutical industry itself.

Antitrust in Pharmaceutical Markets Geographical Rules of Origin

Author: Pierre Kobel
Publisher: Springer
ISBN: 3319558137
Format: PDF, ePub, Docs
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This book gathers international and national reports from across the globe on key questions in the field of antitrust and intellectual property. The first part discusses the application of competition law in the pharmaceutical sector, which continues to be a focus for anti-trust authorities around the world. A detailed international report explores the extent to which the application of the competition rules in the pharmaceutical sector should be affected by the specific characteristics of those products and markets (including consumer protection rules, the need to promote innovation, the need to protect public budgets, and other public interest considerations). It provides an excellent comparative study of this complex subject, which lies at the interface between competition law and intellectual property law. The second part of the book gathers contributions from various jurisdictions on the topic of “What rules should govern claims by suppliers about the national or geographic origin of their goods or services?” This section presents an international report, which offers an unparalleled comparative analysis of this topic, bringing together common themes and contrasting the various national provisions dealing with indications of origin, amongst other things. The book also includes the resolutions passed by the General Assembly of the International League of Competition Law (LIDC) following a debate on each of these topics, which include proposed solutions and recommendations. The LIDC is a long-standing international association that focuses on the interface between competition law and intellectual property law, including unfair competition issues.