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Competition and Patent Law in the Pharmaceutical Sector: An International Perspective (International Competition Law)

ISBN: 9789041159274
Publisher: Wolters Kluwer
Publication Date: 2016-05-25
Number of pages: 544
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International Competition Law Series Volume 65


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 – judges in specialized courts, chairmen and board members of national competition authorities, and well-known scholars and practitioners – 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.

What’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.

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