Competition and patent law in the pharmaceutical sector : an international perspective / edited by Giovanni Pitruzzella, Gabriella Muscolo.
2016
K1505 .C66 2016 (Mapit)
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Details
Title
Competition and patent law in the pharmaceutical sector : an international perspective / edited by Giovanni Pitruzzella, Gabriella Muscolo.
Imprint
Alphen aan den Rijn, The Netherlands : Wolters Kluwer, [2016]
Copyright
©2016.
Description
xxxvi, 503 pages ; 25 cm.
Series
International competition law series ; v. 65.
Formatted Contents Note
Pt. 1. Pharmaceutical patent and competition issues. Ch. 1. The perspective of economics. The economics of competition law and of pharmaceutical patents / Avantika Chowdry & 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
Ch. 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's in a name: the concept of abuse in sui generis abuses / 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 & Elisa Teti
The new unified European patent court and a new patent law: when a KU is not a KU / Mario Franzosi
Pt. 2. What is going on in national systems?. Ch. 3. The perspective from Europe. Raising artificial barriers against generic entry: the French experience / Bruno Lasserre
Patent settlements and drug discount agreements in light of European and German antitrust law / Heinz Goddar, Jan Bernd Nordemann & Julian Waiblinger
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
The intersection between competition law and intellectual property law: the public enforcement approach followed by the ICA / Filippo Arena & Roberto Chieppa
Abuse of patent rights and abuse of dominant position: the Pfizer case / Gustavo Ghidini, Giovanni Cavani & Piera Francesca Piserà
Antitrust assessment of co-marketing agreements: a diverging approach between EU and Italy? / Mario Siragusa & Pietro Merlino
Follow the Dutch? / Willem Hoyng & Anne-Claire Hoyng
The pharmaceutical sector between patent law and competition law in the UK / Ioannis Kokkoris
IP in the pharmaceutical sector in the UK: some recent cases / Christopher Floyd
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
Ch. 4. The international approach. Competition policy and life cycle management: the Brazilian experience / Ana Paula Martinez
The intersection of Canadian competition and intellectual property law: developments in the pharmaceutical sector / Alan Gunderson
The development of China antitrust law and a review of the main decision on the pharmaceutical industry / Hermes Pazzaglini
The interplay between competition law and intellectual property in the Indian pharmaceutical sector: deference is better than cure / Naval Satarawala Chopra & Yaman Verma
Japan's pharmaceutical industry and the patent and non-patent incentives for pharmaceutical r&d / Toshiko Takenaka
The interplay of patents and competition law in the Russian pharmaceutical sector: an everlasting state of transition / Alexey Ivanov
The intersection between patent law and competition law as it relates to the pharmaceutical sector in South Africa / Daryl Dingley
Pharmaceutical antitrust law in the United States / Michael A. Carrier.
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
Ch. 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's in a name: the concept of abuse in sui generis abuses / 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 & Elisa Teti
The new unified European patent court and a new patent law: when a KU is not a KU / Mario Franzosi
Pt. 2. What is going on in national systems?. Ch. 3. The perspective from Europe. Raising artificial barriers against generic entry: the French experience / Bruno Lasserre
Patent settlements and drug discount agreements in light of European and German antitrust law / Heinz Goddar, Jan Bernd Nordemann & Julian Waiblinger
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
The intersection between competition law and intellectual property law: the public enforcement approach followed by the ICA / Filippo Arena & Roberto Chieppa
Abuse of patent rights and abuse of dominant position: the Pfizer case / Gustavo Ghidini, Giovanni Cavani & Piera Francesca Piserà
Antitrust assessment of co-marketing agreements: a diverging approach between EU and Italy? / Mario Siragusa & Pietro Merlino
Follow the Dutch? / Willem Hoyng & Anne-Claire Hoyng
The pharmaceutical sector between patent law and competition law in the UK / Ioannis Kokkoris
IP in the pharmaceutical sector in the UK: some recent cases / Christopher Floyd
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
Ch. 4. The international approach. Competition policy and life cycle management: the Brazilian experience / Ana Paula Martinez
The intersection of Canadian competition and intellectual property law: developments in the pharmaceutical sector / Alan Gunderson
The development of China antitrust law and a review of the main decision on the pharmaceutical industry / Hermes Pazzaglini
The interplay between competition law and intellectual property in the Indian pharmaceutical sector: deference is better than cure / Naval Satarawala Chopra & Yaman Verma
Japan's pharmaceutical industry and the patent and non-patent incentives for pharmaceutical r&d / Toshiko Takenaka
The interplay of patents and competition law in the Russian pharmaceutical sector: an everlasting state of transition / Alexey Ivanov
The intersection between patent law and competition law as it relates to the pharmaceutical sector in South Africa / Daryl Dingley
Pharmaceutical antitrust law in the United States / Michael A. Carrier.
Summary
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.
Note
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.
Bibliography, etc. Note
Includes bibliographical references and index.
Location
STA
Call Number
K1505 .C66 2016
Language
English
ISBN
9789041159274 (hardbound)
9041159274 (hardbound)
9041159274 (hardbound)
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