New horizons in competition law and economics. Elgaronline.
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.
Bibliography, etc. Note
Includes bibliographical references (pages 200-238) and index.
Formatted Contents Note
Biopharmaceutical R&D : the increased importance of cumulative innovation and related concerns The patent system as a system of balancing The patent system and some potential safety nets The right to health as an interpretive principle of patent law Unilateral conduct, IPRs and competition law : a systems' interaction The duty to deal under Art. 82 EC The duty to deal as applied to address technology access problems in the biopharmaceutical industry.