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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: £219.00

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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.

Competition Law, Intellectual Property Law, Medical Law

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

Directory of EU Case Law on State Aids 3rd ed ISBN 9789403511016
Published November 2019
Kluwer Law International
Antitrust Settlements: How a Simple Agreement Can Drive the Economy ISBN 9789403511337
Published October 2019
Kluwer Law International
Global Competition Enforcement: New Players, New Challenges ISBN 9789403502830
Published October 2019
Kluwer Law International
Digital Competition Law in Europe: A Concise Guide ISBN 9789403516943
Published September 2019
Kluwer Law International
EU State Aid Control of Infrastructure Funding ISBN 9789041190994
Published July 2018
Kluwer Law International
Sixty Years of EU State Aid Law and Policy: Analysis and Assessment ISBN 9789041188694
Published February 2018
Kluwer Law International
The EU Leniency Policy: Reconciling Effectiveness and Fairness ISBN 9789041184795
Published October 2017
Kluwer Law International
Directory of EU Case Law on Competition 2nd ed ISBN 9789041183637
Published August 2017
Kluwer Law International
Directory of EC Case Law on State Aids 2nd ed ISBN 9789041167217
Published June 2016
Kluwer Law International
Competition and State Aid: An Analysis of the EU Practice 2nd ed ISBN 9789041158185
Published July 2015
Kluwer Law International
The Substantive Appraisal of Joint Ventures Under the EU Merger Control Regime ISBN 9789041158161
Published December 2014
Kluwer Law International
EU Competition Law, Regulation and the Internet: The Case of Net Neutrality ISBN 9789041141408
Published November 2014
Kluwer Law International
The Interface between Competition Law, Patents and Technical Stadards ISBN 9789041154187
Published November 2014
Kluwer Law International
Standard Essential Patents and Competition Law: A Transatlantic Perspective ISBN 9789041149602
Published September 2014
Kluwer Law International
EU Competition Law: Between Public and Private Enforcement ISBN 9789041146779
Published December 2013
Kluwer Law International
Landmark Cases in Competition Law: Around the World in Fourteen Stories ISBN 9789041138439
Published December 2012
Kluwer Law International
Merger Decisions and the Rules of Procedure of the European Community Courts ISBN 9789041136718
Published December 2011
Kluwer Law International
Antitrust Law in Brazil ISBN 9789041136701
Published December 2011
Kluwer Law International
Does EC Merger Control Discriminate Against Small Companies ? ISBN 9789041132611
Published July 2010
Kluwer Law International
The Reform of EC Competition Law: New Challenges ISBN 9789041126924
Published December 2009
Kluwer Law International
EC State Aid Law: Liber Amicorum in Honour Francisco Santaolalla ISBN 9789041127747
Published October 2008
Kluwer Law International
Competition Problems in Liberalized Telecommunications ISBN 9789041127365
Published June 2008
Kluwer Law International
Liner Shipping and EU Competition Law ISBN 9789041127174
Published May 2008
Kluwer Law International
A Practical Guide to National Competition Rules Across Europe 2nd ed ISBN 9789041126078
Published November 2007
Kluwer Law International
Tying and Bundling as A Leveraging Concern Under EC Competition Law ISBN 9789041125750
Published October 2007
Kluwer Law International
Directory of EC Case Law on Competition ISBN 9789041126566
Published August 2007
Kluwer Law International
Out of print
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
Private Enforcement of EC Competition Law
Edited by: Jurgen Basedow
ISBN 9789041126139
Published March 2007
Kluwer Law International
Competition Rules for the 21st Century: Principles from America's Experience 2nd ed ISBN 9789041124777
Published September 2006
Kluwer Law International
The EC Merger Control Regulation: Rights of Defence ISBN 9789041125538
Published June 2006
Kluwer Law International
Unfair Competition Law. European Union and Member States ISBN 9789041123299
Published February 2006
Kluwer Law International
Economic Analysis of Vertical Agreements: A Self-Assessment ISBN 9789041123282
Published July 2005
Kluwer Law International
US and EC Oligopoly Control ISBN 9789041122964
Published June 2004
Kluwer Law International
Economic Essays on Australian and New Zealand Competition Law ISBN 9789041119919
Published April 2003
Kluwer Law International
Merger Control in Europe: EU Member States and Accession States 4th ed ISBN 9789041120564
Published January 2003
Kluwer Law International
Limits and Control of Competition with a View to International Harmonization
Edited by: Jurgen Basedow
ISBN 9789041119674
Published November 2002
Kluwer Law International
Competition Policy in the Global Trading System ISBN 9789041117588
Published April 2002
Kluwer Law International
International and Comparative Competition Law and Policies ISBN 9789041116437
Published September 2001
Kluwer Law International
M & A in Belgium
ISBN 9789041115942
Published May 2001
Kluwer Law International
US and EC Oligopoly Control 2nd ed ISBN 9789041125637

Kluwer Law International
Publication Abandoned