The Incentive Argument In Pharmaceutical Patent Law
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The Incentive Argument In Pharmaceutical Patent Law
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Author : Aaron Poynton
language : en
Publisher:
Release Date : 2022
The Incentive Argument In Pharmaceutical Patent Law written by Aaron Poynton and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022 with categories.
This working paper critically examines the pharmaceutical industry and the incentive argument in patent law. It begins by framing an overview of the industry and patent law, focusing on U.S. and U.K. law, and multilateral agreements, and efforts by international organizations, such as the World Trade Organization (WTO). Next, the paper considers patent incentive arguments on both sides of the issue to provide a well-researched and more balanced perspective. It then views the longstanding debate through the lenses of contemporary issues related to Covid-19 vaccines and the recent patent waivers considered by many countries. Lastly, this paper provides concluding opinions supporting the argument that intellectual property protection is core to innovation in the pharmaceutical industry, but patent waivers may be a necessary tool in certain situations. It concludes by recommending fixing the TRIPS compulsory licensing provision flaws and carefully finding a TRIPS waiver solution that could strike the desired balance between protecting intellectual property (IP) and providing for the common good.
Pharmaceutical Innovation Competition And Patent Law
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Author : Josef Drexl
language : en
Publisher: Edward Elgar Publishing
Release Date : 2013-01-01
Pharmaceutical Innovation Competition And Patent Law written by Josef Drexl and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-01-01 with Law categories.
Public health, safety and access to reasonably priced medicine are common policy goals of pharmaceutical regulations. As both the context for innovation and competitive structure change, industry actors dynamically challenge the balance between the incentive for protection and the achievement of those policy goals. Considering the arguments from the perspectives of innovation, competition law and patent law, this book explores the difficult question of balancing protection with access, highlighting the difficulties in harmonization and coordination. The contributors to this book, including academics, judges and practitioners from Europe, the US and Japan, explore to what extent patent strategies and life-cycle management practices take advantage of patent laws and health-care regulation and disrupt the necessary balance between incentives for innovation and access to affordable medicine and health care. Addressing fundamental questions in the field of pharmaceutical innovation, this book will appeal to scholars and practitioners in intellectual property, competition law and life sciences regulation, as well as pharmaceutical companies and regulators.
Contemporary Issues In Pharmaceutical Patent Law
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Author : Bryan Mercurio
language : en
Publisher: Routledge
Release Date : 2017-02-17
Contemporary Issues In Pharmaceutical Patent Law written by Bryan Mercurio and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-02-17 with Law categories.
This collection reflects on contemporary and contentious issues in international rulemaking in regards to pharmaceutical patent law. With chapters from both well-established and rising scholars, the collection contributes to the understanding of the regulatory framework governing pharmaceutical patents as an integrated discipline through the assessment of relevant laws, trends and policy options. Focusing on patent law and related pharmaceutical regulations, the collection addresses the pressing issues governments face in an attempt to resolve policy dilemmas involving competing interests, needs and objectives. The common theme running throughout the collection is the need for policy and law makers to think and act in a systemic manner and to be more reflective and responsive in finding new solutions within and outside the patent system to the long-standing problems as well as emerging challenges
Incentives For Global Public Health
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Author : Thomas Pogge
language : en
Publisher:
Release Date : 2010
Incentives For Global Public Health written by Thomas Pogge and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Drugs categories.
"This portrait of the global debate over patent law and access to essential medicines focuses on public health concerns about HIV/AIDS, malaria, tuberculosis, the SARS virus, influenza, and diseases of poverty. The essays explore the diplomatic negotiations and disputes in key international fora, such as the World Trade Organization, the World Health Organization and the World Intellectual Property Organization. Drawing upon international trade law, innovation policy, intellectual property law, health law, human rights and philosophy, the authors seek to canvass policy solutions which encourage and reward worthwhile pharmaceutical innovation while ensuring affordable access to advanced medicines. A number of creative policy options are critically assessed, including the development of a Health Impact Fund, prizes for medical innovation, the use of patent pools, open-source drug development and forms of 'creative capitalism'"--Provided by publisher.
Generic Drug Entry Prior To Patent Expiration An Ftc Study
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Author :
language : en
Publisher: DIANE Publishing
Release Date : 2002
Generic Drug Entry Prior To Patent Expiration An Ftc Study written by and has been published by DIANE Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002 with categories.
Global Dimensions Of Intellectual Property Rights In Science And Technology
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Author : National Research Council
language : en
Publisher: National Academies Press
Release Date : 1993-02-01
Global Dimensions Of Intellectual Property Rights In Science And Technology written by National Research Council and has been published by National Academies Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1993-02-01 with Political Science categories.
As technological developments multiply around the globeâ€"even as the patenting of human genes comes under serious discussionâ€"nations, companies, and researchers find themselves in conflict over intellectual property rights (IPRs). Now, an international group of experts presents the first multidisciplinary look at IPRs in an age of explosive growth in science and technology. This thought-provoking volume offers an update on current international IPR negotiations and includes case studies on software, computer chips, optoelectronics, and biotechnologyâ€"areas characterized by high development cost and easy reproducibility. The volume covers these and other issues: Modern economic theory as a basis for approaching international IPRs. U.S. intellectual property practices versus those in Japan, India, the European Community, and the developing and newly industrializing countries. Trends in science and technology and how they affect IPRs. Pros and cons of a uniform international IPRs regime versus a system reflecting national differences.
An Economic Review Of The Patent System
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Author : Fritz Machlup
language : en
Publisher:
Release Date : 1958
An Economic Review Of The Patent System written by Fritz Machlup and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1958 with Patents categories.
At head of title: 85th Cong., 2d sess. Committee print. Bibliography: p. 81-86.
Ip And Antitrust
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Author : Herbert Hovenkamp
language : en
Publisher: Aspen Publishers
Release Date : 2009-12-18
Ip And Antitrust written by Herbert Hovenkamp and has been published by Aspen Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-12-18 with Law categories.
The leading reference that focuses on the intersection of the areas of IP and antitrust enables you to factor antitrust considerations into the drafting and review of intellectual property licensing arrangements, maximizing the commercial value of intellectual property rights, and minimizing antitrust risks. IP and Antitrust: An Analysis of Antitrust Principles Applied to Intellectual Property Law, Second Edition is a two-volume reference that focuses on the intersection of the areas of IP and antitrust. While intellectual property licensing arrangements are typically pro-competitive, antitrust concerns may nonetheless arise. Licensing arrangements raise concerns under the antitrust laws if they are likely to adversely affect the prices, quantities, qualities or varieties of goods and services -- either currently or potentially available. The Justice Department's rekindled interest in intellectual property licensing arrangements now requires that companies factor antitrust considerations into the drafting and review of intellectual property licensing arrangements. Thus, licensing agreements involving intellectual property must now be drafted with two considerations in mind: maximizing the commercial value of intellectual property rights, and minimizing antitrust risks IP and Antitrust is the first comprehensive resource that fully examines intellectual property from an antitrust perspective, to help you steer clear of unexpected problems. It provides a sophisticated discussion of intellectual property law not currently available in the antitrust treatises on the market today, including Areeda and Hovenkamp's Antitrust Law treatise.
The Global Politics Of Pharmaceutical Monopoly Power
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Author : Ellen F. M. 't Hoen
language : en
Publisher:
Release Date : 2009
The Global Politics Of Pharmaceutical Monopoly Power written by Ellen F. M. 't Hoen and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Agreement on Trade-Related Aspects of Intellectual Property Rights categories.
In The Global Politics of Pharmaceutical Monopoly Power, researcher and global advocate Ellen 't Hoen explains how new global rules for pharmaceutical patenting impact access to medicines in the developing world. The book gives an account of the current debates on intellectual property, access to medicines, and medical innovation, and provides historical context that explains how the current system emerged. This book supports major policy changes in the management of pharmaceutical patents and the way medical innovation is financed in order to protect public health and, in particular, promote access to essential medicines for all. The Open Society Institute provided support to translate this report into Russian.
Patenting Of Pharmaceuticals And Development In Sub Saharan Africa
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Author : POKU ADUSEI
language : en
Publisher: Springer Science & Business Media
Release Date : 2012-10-25
Patenting Of Pharmaceuticals And Development In Sub Saharan Africa written by POKU ADUSEI and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-10-25 with Law categories.
This book critically investigates the patent protection of medication in light of the threats posed by HIV/AIDS, malaria and tuberculosis epidemics to the citizens of countries in Sub-Saharan Africa (hereinafter “SSA” or “Africa”). The book outlines the systemic problems associated with the prevailing globalized patent regime and the regime’s inability to promote access to life-saving medication at affordable prices in SSA. It argues that for pharmaceutical patents to retain their relevance in SSA countries, human development concepts must be integrated into global patent law- and policy-making. An integrative approach implies developing additional public health and human development exceptions/limitations to the exercise of patent rights with the goal of scaling up access to medication that can treat epidemics in SSA. By drawing on multiple perspectives of laws, institutions, practices, and politics, the book suggests that SSA countries adopt an evidence-based approach to implementing global patent standards in domestic jurisdictions. This evidence-based approach would include mechanisms like local need assessments and the use of empirical data to shape domestic patent law-making endeavors. The approach also implies revising patent rules and policies with a pro-poor and pro-health emphasis, so that medication will be more affordable and accessible to the citizens of SSA countries. It also suggests considering the opinions of individuals and pro-access institutions in enacting crucial pieces of health-related statutes in SSA countries. The approach in this book is sensitive to the public health needs of the citizens affected by epidemics and to the imperative of building local manufacturing facilities for pharmaceutical research and development in SSA.