IP & Commercialisation Reports
Competition Law and Intellectual Property Strategy in the Pharmaceuticals Sector
This report provides an overview of the key issues of intellectual property strategy and competition law strategy affecting pharmaceuticals suppliers. Written by Bird & Bird, it sets out the essential issues concerning the intellectual property regime and the application of competition law in the pharmaceuticals sector, and the sector-specific regulatory provisions affecting competition
The resulting case law both at EU level and at national level implementing the EU rules on competition and the related regulatory developments are central to the strategic decisions of pharmaceuticals suppliers.
Looking at leading cases within the pharmaceuticals sector, involving companies such as GlaxoSmithKline, Boehringer Ingelheim, Bayer, Organon, Johnson & Johnson, AstraZeneca, Napp Pharmaceuticals and Genzyme to illustrate the key points, 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 the EC competition rules, 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
