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Competition Law and Intellectual Property Strategy in Pharmaceuticals Sector
PharmaVentures, April 2008, Pages: 149


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This report examines the complex inter-relating issues of regulation, intellectual property and competition law specific to the pharmaceuticals sector and provides a practical guide to these fields.

At both at EU level and at national level, the resulting case law implementing the EU rules on competition and the related regulatory developments, are central to the strategic decisions of pharmaceuticals suppliers. Leading cases involving GlaxoSmithKline, Boehringer Ingelheim, Bayer, Organon, Johnson & Johnson, AstraZeneca, Napp Pharmaceuticals and Genzyme illustrate the key points made.

The report examines essential issues, including the following:

- How legislation and case law has set out limits in various areas on the extents to which intellectual property owners can enforce their patents
- Parallel importation under the EC rules on free circulation of goods and competition, agreements and conduct restricting parallel imports and exports
- Meaning of an agreement under the EC competition rules
- Conduct of dominant suppliers with regard to pricing issues
- Commission guidelines on the application of competition rules to R&D collaboration agreements
- Effect of regulation on technology licensing, marketing and distribution agreements
- UK and EC competition authorities’ commitment to private enforcement of the competition rules to combat cartels


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