Secondary Sources
Secondary Sources
Introductory Materials on Antitrust and Access to Pharmaceuticals
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Intellectual Property Rights in Emerging Markets by
Contents: Market participants and competition -- Regulatory and enforcement framework -- Assessing market power -- Pharmaceutical mergers -- Joint ventures and licensing agreements -- Antitrust analysis of pharmaceutical manufacturer conduct -- Antitrust issues in the distribution of pharmaceutical products -- Economists' use of data in pharmaceutical antitrust cases.
Call Number: KF3885 .P53 2009ISBN: 9781604425628Publication Date: 2000-06-01
Competition and Patent Law in the Pharmaceutical Sector by
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
ISBN: 9041159274Publication Date: 2016-05-25
Pharmaceutical Innovation, Competition and Patent Law by
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.
Call Number: 519 .D78 P53 2013ISBN: 0857932454Publication Date: 2013-07-30
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