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Vol 21 No 11 Nov/Dec 2016

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Competition and Intellectual Property Law in the Pharmaceutical Sector: An International Perspective

Edited by: Giovanni Pitruzella, Gabriella Musocolo

ISBN13: 9789041159274
Published: June 2016
Publisher: Kluwer Law International
Country of Publication: The Netherlands
Format: Hardback
Price: £148.00



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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.

The book’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.

Subjects:
Competition Law, Intellectual Property Law, Medical Law
Contents:
Editors.
Contributors.
Foreword.
Preface.

Part I. Pharmaceutical Patents and Competition Issues
Chapter 1. The Perspective of Economics
The Economics of Competition Law and of Pharmaceutical Patents Avantika Chowdhury & Alexander Gaigl
The Procompetitive and Anticompetitive Impact of Patent Settlements Ginevra Bruzzone & Sara Capozzi
Originators versus Originators: Competition before the Market and Market Power beyond Dominance Andrea Pezzoli
Damages for Patent Infringements: The Interplay of Legal and Economic Perspectives in the Main European Jurisdictions Luigi Prosperetti
Chapter 2. The Perspective of Law
Balancing the Human Right to Health with the Competition Law and the Intellectual Property Regime Beniamino Caravita di Toritto
The Dangers of Settling Patent Litigation Ian S. Forrester
Life-Cycle Management Strategies in the Pharmaceutical Patent Sector Giovanni Pitruzzella
Pharmaceutical Patents: Competition Law Goes Too Far Robin Jacob
What Is in a Name: The Concept of Abuse in Sui Generis Abuse Cristoforo Osti
Abuse of litigation, Abuse of Patent and Abuse of Dominance: Where Do We Stand? Gabriella Muscolo
Reverse Settlements in the European Union and the United States Damien Geradin, Douglas H. Ginsburg & Graham Safty
Co-marketing and Co-promotion Agreements Enrico Adriano Raffaelli
The New Unified European Patent Court and a New Patent Law: When a KU is Not a KU Mario Franzosi

Part II. What Is Going on in National Systems?
Chapter 3. The Perspective from Europe
France. Raising Artificial Barriers against Generic Entry: The French Experience Bruno Lasserre
Germany. Patent Settlements and Drug Discount Agreements in Light of European and German Antitrust Law Heinz Goddar, Jan Bernd Nordemann & Julian Waiblinger
Greece. The Status Quo and the Future of the Balance between Patent Law and Competition Law in the Pharmaceutical Sector in Greece Ioannis Kokkoris & Alexandra Sidossis
Italy. The Intersection between Competition Law and Intellectual Property Law: The Public Enforcement Approach Followed by The ICA Filippo Arena & Roberto Chieppa
Italy. Abuse of Patent Rights and Abuse of Dominant Position: The Pfizer Case Gustavo Ghidini, Giovanni Cavani & Piera Francesca Piserà
Italy. Antitrust Assessment of Co-marketing Agreements: A Diverging Approach between EU and Italy? Mario Siragusa & Pietro Merlino
Netherlands. Follow the Dutch? Willem Hoyng & Anne-Claire Hoyng
United Kingdom. The Pharmaceutical Sector between Patent Law and Competition Law in the UK Ioannis Kokkoris
United Kingdom. IP in the Pharmaceutical Sector in the UK: Some Recent Cases Christopher Floyd
United Kingdom. Gaviscon: The Diagnosis and Treatment of Abuse of Dominance – Very Recent Changes in the Private Enforcement of Competition Rules in the UK Gerald Barling & Renella Reumerman
Chapter 4. The International Approach
Brazil. Competition Policy and Life Cycle Management: The Brazilian Experience Ana Paula Martinez
Canada. The Intersection of Canadian Competition and Intellectual Property Law: Developments in the Pharmaceutical Sector Alan Gunderson
China.The Development of China Antitrust Law and a Review of the Main Decision on the Pharmaceutical Industry Hermes Pazzaglini
India.The Interplay between Competition Law and Intellectual Property in the Indian Pharmaceutical Sector: Deference Is Better than Cure Naval Satarawala Chopra & Yaman Verma
Japan. Japan’s Pharmaceutical Industry and the Patent and Non-patent Incentives for Pharmaceutical R&D Toshiko Takenaka
Russia. The Interplay of Patents and Competition Law in the Russian Pharmaceutical Sector: An Everlasting State of Transition Alexey Ivanov
South Africa. The Intersection between Patent Law and Competition law as It Relates to the Pharmaceutical Sector in South Africa Daryl Dingley
United States. Pharmaceutical Antitrust Law in the United States Michael A. Carrier

Series: International Competition Law

£108.00
Directory of EC Case Law on State Aids 2nd ed ISBN 9789041167217
Published June 2016
Kluwer Law International
£204.00
The Role of Economic Analysis in EU Competition Law: The European School 4th ed ISBN 9789041162458
Published May 2016
Kluwer Law International
£154.00
£124.00
Competition and State Aid: An Analysis of the EU Practice 2nd ed ISBN 9789041158185
Published July 2015
Kluwer Law International
£152.00
Competition Law Enforcement and Compliance across the World: A Comparative Review ISBN 9789041158154
Published December 2014
Kluwer Law International
£116.00
The Substantive Appraisal of Joint Ventures Under the EU Merger Control Regime ISBN 9789041158161
Published December 2014
Kluwer Law International
£96.00
EU Competition Law, Regulation and the Internet: The Case of Net Neutrality ISBN 9789041141408
Published November 2014
Kluwer Law International
£108.00
Standard Essential Patents and Competition Law: A Transatlantic Perspective ISBN 9789041149602
Published September 2014
Kluwer Law International
£96.00
Competition Law: Comparative Private Enforcement and Collective Redress Across the EU ISBN 9789041145598
Published March 2014
Kluwer Law International
£100.00
EU Competition Law: Between Public and Private Enforcement ISBN 9789041146779
Published December 2013
Kluwer Law International
£112.00
£116.00
Merger Decisions and the Rules of Procedure of the European Community Courts ISBN 9789041136718
Published December 2011
Kluwer Law International
£120.00
Antitrust Law in Brazil ISBN 9789041136701
Published December 2011
Kluwer Law International
£112.00
£92.00
Does EC Merger Control Discriminate Against Small Companies ? ISBN 9789041132611
Published July 2010
Kluwer Law International
£128.00
The Reform of EC Competition Law: New Challenges ISBN 9789041126924
Published December 2009
Kluwer Law International
£125.00
Civil Procedure in EU Competition Cases before the English and Dutch Courts ISBN 9789041131928
Published November 2009
Kluwer Law International
£126.00
An Institutional Assessment of Antitrust Policy: The Latin American Experience ISBN 9789041124784
Published May 2009
Kluwer Law International
£136.00
EC State Aid Law: Liber Amicorum in Honour Francisco Santaolalla ISBN 9789041127747
Published October 2008
Kluwer Law International
£144.00
Competition Problems in Liberalized Telecommunications ISBN 9789041127365
Published June 2008
Kluwer Law International
£144.00
Liner Shipping and EU Competition Law ISBN 9789041127174
Published May 2008
Kluwer Law International
£112.00
A Practical Guide to National Competition Rules Across Europe 2nd ed ISBN 9789041126078
Published November 2007
Kluwer Law International
£173.00
Tying and Bundling as A Leveraging Concern Under EC Competition Law ISBN 9789041125750
Published October 2007
Kluwer Law International
£113.00
Competition Law and Economics: Advances in Competition Policy and Antitrust Enforcement ISBN 9789041126320
Published September 2007
Kluwer Law International
£124.00
Directory of EC Case Law on Competition ISBN 9789041126566
Published August 2007
Kluwer Law International
£218.00
Effective Application of EU State Aid Procedures: The Role of National Law and Practice
Edited by: Paul F. Nemitz
ISBN 9789041126573
Published July 2007
Kluwer Law International
£124.00
Private Enforcement of EC Competition Law
Edited by: Jurgen Basedow
ISBN 9789041126139
Published March 2007
Kluwer Law International
£128.00
Competition Rules for the 21st Century: Principles from America's Experience 2nd ed ISBN 9789041124777
Published September 2006
Kluwer Law International
£161.00
A Concise Guide to the EU Anti-Dumping/ Anti-Subsidies Procedures ISBN 9789041124647
Published June 2006
Kluwer Law International
£100.00
The EC Merger Control Regulation: Rights of Defence ISBN 9789041125538
Published June 2006
Kluwer Law International
£121.00
Mergers and Acquisitions: The Industrial Organization Perspective ISBN 9789041124517
Published March 2006
Kluwer Law International
£85.00
Unfair Competition Law. European Union and Member States ISBN 9789041123299
Published February 2006
Kluwer Law International
£116.00
Economic Analysis of Vertical Agreements: A Self-Assessment ISBN 9789041123282
Published July 2005
Kluwer Law International
£100.00
US and EC Oligopoly Control ISBN 9789041122964
Published June 2004
Kluwer Law International
£116.00
Merger Control in Europe: EU Member States and Accession States 4th ed ISBN 9789041120564
Published January 2003
Kluwer Law International
£123.00
Limits and Control of Competition with a View to International Harmonization
Edited by: Jurgen Basedow
ISBN 9789041119674
Published November 2002
Kluwer Law International
£135.00
International and Comparative Competition Law and Policies ISBN 9789041116437
Published September 2001
Kluwer Law International
£106.00
US and EC Oligopoly Control 2nd ed ISBN 9789041125637

Kluwer Law International
Publication Abandoned