Competition Law And Patents
A Follow-on Innovation Perspective in the Biopharmaceutical Industry
Irina Haracoglou, Attorney at Law, Independent Researcher/Consultant
Hardback £83.00 on-line price £74.70
Series: New Horizons in Competition Law and Economics series
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.
Contents: Preface Part I: The Problem – Access as a Necessary Element of Follow-on Innovation? 1. Biopharmaceutical R&D: The Increased Importance of Cumulative Innovation and Related Concerns Part II: The Patent Balance and Working Solutions in the Patent System 2. The Patent System as a System of Balancing 3. The Patent System and Some Potential Safety Nets 4. The Right to Health as an Interpretive Principle of Patent Law Part III: Antitrust as a Complement to the Patent System 5. Unilateral Conduct, Intellectual Property Rights and Competition Law: A Systems’ Interaction 6. The Duty to Deal under Art. 82 EC Part IV: A More Innovation Sensitive Approach to the Interface of Competition Law and Patents? 7. The Duty to Deal as Applied to Address Technology Access Problems in the Biopharmaceutical Industry Bibliography Index