학술논문
Patent misuse in the pharmaceutical industry: developments in US and EU
Document Type
Journal Article
Source
Pharm. L.I. 2007, 3(2), 11-13
Subject
Language
English
ISSN
1747-4981
Abstract
Reviews key US and EU developments in the application of the respective competition law regimes to pharmaceutical companies. Discusses: (1) reverse payments in patent settlements in the US between brand name and generic drug firms and the impact of the Supreme Court ruling in eBay Inc v MercExchange LLC, including the possibility of compulsory licensing of patented inventions; and (2) EC courts jurisprudence on the application of EC rules on abuse of dominant position, including in relation to the parallel trade in pharmaceuticals and the imposition of supply quotas.