Change search
ReferencesLink to record
Permanent link

Direct link
Pharmaceutical Patent Strategies: The Competition between Originator and Generic Companies within the European Union
Jönköping University, Jönköping International Business School, JIBS, Commercial Law.
2010 (English)Independent thesis Advanced level (degree of Master (One Year)), 20 credits / 30 HE creditsStudent thesis
Abstract [en]

The pharmaceutical market is a billon euro industry and the competition on the market is highly intensive. Primarily there are two competitors on the market, partly the originators which provide the market with new drugs, and partly the generics which produce copies of the originators‟ drugs. The originators are able to be granted patent protection of the drug under the European patent system, provided that the drug fulfils the requirements for patentability. During the period of patent protection the generics are not able to produce copies of the drug, but once the duration of the patent has expired the generics are able start the production. Thus, in order to hinder the generics to make copies of the drug, the originators apply various patent strategies. This has been noted by the European Commission, which conducted a sector inquiry of the pharmaceutical market in 2009. The presentation of the competition within the market focused on the applied strategies by the originator and concluded that all measures will be taken to hinder restrictions on the competition.

In conjunction, the General Court judged in a recent case that the originator AstraZeneca constituted an infringement of the competition law when their strategies were applied. The complexity of determine whether a strategy is lawful or not, is due to the interface between the intellectual property law and the EC competition law. This implies that the strategy can be lawful under the IP law but unlawful under the competition law. The Court has established that any strategy, regardless of its legality under the IP law, constitutes an infringement of the competition law if it might restrict the competition. The Courts do not provide sufficient guidelines of the conditions that constitute the infringement. Consequently, the strategies‟ legality is at present time uncertain.

Place, publisher, year, edition, pages
2010. , 73 p.
Keyword [en]
Pharmaceutical products, patents, abuse of dominant position, patent strategies, AstraZeneca
National Category
Law and Society
URN: urn:nbn:se:hj:diva-19695OAI: diva2:562746
Subject / course
IHH, Commercial Law
Social and Behavioural Science, Law
Available from: 2012-10-26 Created: 2012-10-25 Last updated: 2012-10-26Bibliographically approved

Open Access in DiVA

Pharmaceutical Patent Strategies(874 kB)495 downloads
File information
File name FULLTEXT01.pdfFile size 874 kBChecksum SHA-512
Type fulltextMimetype application/pdf

Search in DiVA

By author/editor
Bergström, Johanna
By organisation
JIBS, Commercial Law
Law and Society

Search outside of DiVA

GoogleGoogle Scholar
Total: 495 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

Total: 217 hits
ReferencesLink to record
Permanent link

Direct link