Change search
CiteExportLink to record
Permanent link

Direct link
Cite
Citation style
  • apa
  • ieee
  • modern-language-association-8th-edition
  • vancouver
  • Other style
More styles
Language
  • de-DE
  • en-GB
  • en-US
  • fi-FI
  • nn-NO
  • nn-NB
  • sv-SE
  • Other locale
More languages
Output format
  • html
  • text
  • asciidoc
  • rtf
Pharmaceutical patents and generic drugs: When may interim injunctions be issued against an attempt or preparation to offer generic drugs on the market?
Jönköping University, Jönköping International Business School, JIBS, Commercial Law.
2012 (English)Independent thesis Advanced level (degree of Master (Two Years)), 20 credits / 30 HE creditsStudent thesis
Abstract [en]

Since the implementation of Directive 2004/48 EC on the Enforcement of Intellectual Property Rights in Sweden there is today a possibility for pharmaceutical companies holding a patent to issue interim injunctions against a generic company on the grounds of an attempt or preparation to a pharmaceutical patent infringement. It has been shown that one of the earliest steps in which a generic company may infringe a pharmaceutical patent is to offer the generic drugs onto the market. However, since the implementation of the attempt and preparation rule in the Swedish Patent Act questions have been raised as to in what stage interim injunctions may be issued against an attempt or preparation to offer generic drugs onto the market made by generic companies. This thesis has therefore intent to investigate at what stage interim injunctions may be applied for against a generic company on the grounds of an attempt or preparation to offer generic drugs.

In the thesis the writer argues that in order for an attempt or preparation to offer generic drugs to exist an overall assessment must be made of the particular situation and that there is no specific principles to follow in order to determine either an attempt or a preparation to offer generic drugs. However, some guidance might be brought from Danish case law in order to establish a preparation to offer generic drugs in Sweden. 

Place, publisher, year, edition, pages
2012. , 64 p.
Keyword [en]
Attempt, generic drugs, interim injunctions, offering, Pharmaceutical patents, preparation
National Category
Law (excluding Law and Society)
Identifiers
URN: urn:nbn:se:hj:diva-18933OAI: oai:DiVA.org:hj-18933DiVA: diva2:539440
Presentation
2012-05-21, B3053, Jönköping International Business School, Jönköping, 15:30 (English)
Uppsok
Social and Behavioural Science, Law
Supervisors
Examiners
Available from: 2012-07-17 Created: 2012-07-03 Last updated: 2012-07-17Bibliographically approved

Open Access in DiVA

fulltext(700 kB)606 downloads
File information
File name FULLTEXT01.pdfFile size 700 kBChecksum SHA-512
a766d11ad6530ca2460fa7d02366325e83600cd30fdb6fff4d5e04fb6436f30a2d8ef0a84d4263d1e4268592a365c5014d55cb4dcafaa725652885ef409da6c4
Type fulltextMimetype application/pdf

By organisation
JIBS, Commercial Law
Law (excluding Law and Society)

Search outside of DiVA

GoogleGoogle Scholar
Total: 606 downloads
The number of downloads is the sum of all downloads of full texts. It may include eg previous versions that are now no longer available

urn-nbn

Altmetric score

urn-nbn
Total: 231 hits
CiteExportLink to record
Permanent link

Direct link
Cite
Citation style
  • apa
  • ieee
  • modern-language-association-8th-edition
  • vancouver
  • Other style
More styles
Language
  • de-DE
  • en-GB
  • en-US
  • fi-FI
  • nn-NO
  • nn-NB
  • sv-SE
  • Other locale
More languages
Output format
  • html
  • text
  • asciidoc
  • rtf