DOCSLIB.ORG

Evergreening and Patent Cliff Hangers CRISPR/Cas9 System and Gene

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Evergreening and Patent Cliff Hangers CRISPR/Cas9 System and Gene Evergreening and patent cliff CRISPR/Cas9 system and gene Being equitable about hangers editing tools equivalents Ove Granstrand Thomas Hedner and Jean Lyckel John Hornby Page 4 Page 12 Page 24 Second medical use claims Do rules experience culture The patentability of Dosage and scope of protection shock? Regimes Clara Berrisch Lisa West Åkerblom Ester-Maria Elze Page 38 Page 48 Page 60 Safeguarding public health In pursuit of Robinson Crusoe The CJEU clarifies the effects in the wake of hegemonic Kristina Björnerstedt of skinny labelling intellectual property rights and Gunnel Nilsson Sofia Bergenstråhle Katarina Foss-Solbrekk Page 94 and Valter Gran Page 76 Page 98 Editorial Preface “Some industries are different but some are more different than others. The discusses how developing countries’ access to medicines is EDITOR-IN-CHIEF pharmaceutical industry fits the latter category” (Scherer 1996:336). There is impeded by the patent system as well as how flexibilities in really no other industry where the nature of the products, the economics of the international and national legal framework contribute Silvia A. Carretta research and development as well as the market structure and the societal to this end. The article shows that while exceptions to implications of the industry’s strategic decisions are as unique as in the patent rights might not be as effective, they have however pharmaceutical industry. Furthermore, there is no other industry that tests triggered a very interesting development of voluntary the boundaries and effects of intellectual property (IP) rights on a national and licensing, a company-centered initiative providing access international level as the pharmaceutical industry. to free or low-priced pharmaceuticals. Thus, instead of The current issue of the Stockholm IP Law Review provides an eloquent addressing public health concerns by means of compulsory presentation of pharma-related IP challenges exploring these from different licensing and generic alternatives, the pharma industry angles and perspectives. itself takes the responsibility to provide pharma with Genetic engineering is one of the major challenges in modern pharmaceutical affordable modern medicines. research. It opens up for revolutionary therapeutic applications and represents Commercializing pharmaceutical products is of course EDITOR considerable commercial value. CRISPR technology is a central technological not only about exclusive rights for the technology. Choosing development in this respect, being also the subject-matter of intensive patenting an appropriate name for a new product is a daunting task. Aida Conde activity and patent-related disputes. Thomas Hedner and Jean Lycke explore In other industries, this is usually left to the creativity of the extensive technological potential of CRISPR innovations as well as the the marketing department but in the pharmaceutical patent landscape in the field and discuss future trends in what may be expected industry there is a considerable regulatory framework to to be a central area of future medicinal research. take into account. The practical implications of this frame- Defining the concept of invention is without a doubt a challenge in the pharma- work and its limitations on creativity in pharma branding ceutical sector. A new revolutionary invention might today consist of a new is analyzed in Kristina Björnerstedt and Gunnel Nilsson’s dosage regime or a second medical indication. Ester-Maria Elze discusses in her article. article how the novelty and inventive step requirement apply to dosage patents Chemical molecules, gene sequences, patient security, as well as the difficulties connected to their interpretation and enforcement expensive and lengthy research, international markets, on a national level. Claim drafting as well as enforcement of second medical innovative business models and prioritized public health CONTACT US PUBLICATION OFFICER Do you want to publish in the review? indication patents are a complicated matter. Enforcement of second medical concerns constitute necessary ingredients influencing the For ordering, general comments and indication patents in Germany provides an interesting illustration of the diffi- way the IP system is applied and interpreted in the pharma Anna Sfetsiou questions please contact us at culties of patent claim interpretation. As Clara Berrisch notes in her article, sector. And it is this unique interaction that makes pharma [email protected] shaping the protection of second medical indication patents is still a work in so special. CONTENT EDITORS progress. Frantzeska Papadopoulou Åsa Hellstadius John Hornby analyses UK case-law concerning the application of the Actavis Åsa Hellstadius & Frantzeska Papadopoulou equivalence test. He concludes that the balance has clearly been shifted in the BOARD OF DIRECTORS UK in the direction of legal uncertainty. Parties and their advisors are being left Associate Professor Frantzeska Papadopoulou, Department of Law, to distil some generalized (though perhaps not amorphous) idea of what the Stockholm University extent of a patent’s protection might be. A major challenge of exercising exclusive rights in the pharmaceutical sector Associate Professor Åsa Hellstadius, Department of Law, Stockholm concerns how pharmaceuticals are sold. Applying for a patent is not the only University nor the last thing a product owner has to do before placing the product on the EDITOR Lisa West Åkerblom Jur. Dr. Richard Wessman, market; pharmaceutical products need to successfully go through the stringent Counsel Advokat, Vinge Law Firm and time-consuming marketing authorization procedure. As a compensation for the time spent between the patent application and the actual commercialization Associate Professor Marcus Holgersson, Chalmers date, the Supplementary Protection Certificate (SPC) Regulation provides an up University of Technology to five-year exclusive right. The scope of this right and in particular the inter- pretation of article 3(a) of the SPC Regulation, and the definition of the term Mats Lundberg, Managing Partner and Managing Director, Groth & Co “product”, are according to Lisa Åkerblom’s article one of the most complicated aspects of the Regulation and the result of a “cultural shock” and a less successful WEBPAGE www.stockholmiplawreview.com transplantation from their American counterparts. The interface between PROGRAM DIRECTOR PROGRAM DIRECTOR patent rights and marketing authorization, in particular with respect to skinny CO-FOUNDER CO-FOUNDER TWITTER labelling is also in focus in the recent CJEU case of Warner Lambert Company, Frantzeska Papadopoulou Åsa Hellstadius twitter.com/siplawreview analyzed in the case note by Sofia Bergenstråhle and Valter Gran. EDITOR GRAPHIC DESIGN AND PRODUCTION The interplay between regulatory law and exclusive rights from an economic Katherine Galilee Jojo Form perspective is further explored by Ove Granstrand, who writes about the strategy General note on copyright: of evergreening employed by pharmaceutical companies, with specific focus on Stockholm IP Law Review has obtained the Losec case. Evergreening is generally the extension of the duration of an the consent from the copyright existing temporary monopolistic or market dominant position by various means owners of each work submitted for and published in this issue. or strategies. The societal effects of patent protection of pharmaceutical products in parti- ISSN 2003-2382 cular on the international level are non-negligible. Katarina Foss-Solbrekk – 3 – STOCKHOLM INTELLECTUAL PROPERTY LAW REVIEW VOLUME 2, ISSUE 1, JUNE 2019 ISSN 2003-2382 Evergreening and patent cliff hangers1 By Prof. Ove Granstrand, Chalmers Univ. (Dept of Mathematical Sciences) and Cambridge Univ. (Centre for Technology Management) 1. PROBLEM BACKGROUND 1.3 The evergreening approach 2. EVERGREENING DEFINED AND 2.2 How evergreening is used 1.1 A tragic windfall Thus, all in all, extending the effective patent protection DESCRIBED This paper aims to explore the phenomenon of evergreen- of Losec and its successor Nexium in a second product ing by means of IP strategies in general, and patent strate- The tragic 9/11 events in 2001 implied a delay in the court 2.1 Evergreening defined generation, i.e. what is referred to as evergreening, brid- gies in particular. If, e.g., an innovation through wide- proceedings in Boston that dealt with a case involving Evergreening in a general sense refers to the extension of ging the patent cliff had become a strategic issue for AZ spread adoption and diffusion has led to a high growth AstraZeneca and its blockbuster drug Losec (Prilosec in the duration of an existing temporary monopolistic or with powerful incentives to invent various strategies to rate in a market with a low rate of technological substitu- the US). The key basic patent for this drug had been received market dominant position by various means or strategies. that effect. tions, high switching costs and steep learning curves, by the Swedish company Astra in the US in 1981 (US We can then talk more specifically about evergreening of AZ is not a unique case in this respect and many firms then any prolongation of a dominant market position patent # 4.255.431, issued March 10, 1981). Astra later merged sales or profits from products, technologies, services and engage in various forms of evergreening. This is trouble- pays off handsomely. Traditionally evergreening involves with Zeneca in 1998-99, forming AstraZeneca (“AZ”). The equity.
Load more

Recommended publications
  • European Practice for Overseas Attorneys
    European Practice for Overseas Attorneys European patent law differs in some significant aspects from the law in other countries, in particular the United States. This note sets out some important features of European patent law to remember when preparing patent applications for Europe. For more detailed drafting tips, see our briefing note"Drafting Patents for Europe". Novelty Claiming priority According to European patent law, an invention is considered The European rules on claiming priority are in accordance new if it has not been made available to the public anywhere with the Paris Convention, so that priority can be claimed in the world before the priority date of the patent application. within one year of the first regular national filing in a An invention is "made available to the public" if knowledge Convention country. If a second priority application is filed of the claimed features of the invention was available to any and the European application is filed within one year of the person who was not under an obligation to keep the invention second but not the first application, priority is lost for matter confidential. which was in the first priority application, and it has the date of the European filing only. This most commonly occurs A novelty-destroying disclosure can be in any form, for when the second application is a Continuation-in-Part (CIP) example an oral description or a public display of the relevant application and can be very serious if there is a European features of the invention, as well as printed publications. (or PCT) application corresponding to the US parent, as this This means that public prior use of the invention anywhere in will be at least novelty-only prior art.
    [Show full text]
  • Intellectual Property Rights and the Evergreening of Pharmaceuticals
    A Service of Leibniz-Informationszentrum econstor Wirtschaft Leibniz Information Centre Make Your Publications Visible. zbw for Economics Boscheck, Ralf Article — Published Version Intellectual property rights and the evergreening of pharmaceuticals Intereconomics Suggested Citation: Boscheck, Ralf (2015) : Intellectual property rights and the evergreening of pharmaceuticals, Intereconomics, ISSN 1613-964X, Springer, Heidelberg, Vol. 50, Iss. 4, pp. 221-226, http://dx.doi.org/10.1007/s10272-015-0546-y This Version is available at: http://hdl.handle.net/10419/172664 Standard-Nutzungsbedingungen: Terms of use: Die Dokumente auf EconStor dürfen zu eigenen wissenschaftlichen Documents in EconStor may be saved and copied for your Zwecken und zum Privatgebrauch gespeichert und kopiert werden. personal and scholarly purposes. Sie dürfen die Dokumente nicht für öffentliche oder kommerzielle You are not to copy documents for public or commercial Zwecke vervielfältigen, öffentlich ausstellen, öffentlich zugänglich purposes, to exhibit the documents publicly, to make them machen, vertreiben oder anderweitig nutzen. publicly available on the internet, or to distribute or otherwise use the documents in public. Sofern die Verfasser die Dokumente unter Open-Content-Lizenzen (insbesondere CC-Lizenzen) zur Verfügung gestellt haben sollten, If the documents have been made available under an Open gelten abweichend von diesen Nutzungsbedingungen die in der dort Content Licence (especially Creative Commons Licences), you genannten Lizenz gewährten Nutzungsrechte. may exercise further usage rights as specified in the indicated licence. www.econstor.eu DOI: 10.1007/s10272-015-0546-y Intellectual Property Ralf Boscheck Intellectual Property Rights and the Evergreening of Pharmaceuticals Escalating healthcare expenditures and the need to ensure access to affordable medicine in both emerging and emerged economies are fuelling calls to contain the so-called evergreening practices of drug producers around the world.
    [Show full text]
  • A Mission Impossible? an Assessment of the Historical and Current Approaches Mauricio Troncoso
    Marquette Intellectual Property Law Review Volume 17 | Issue 2 Article 3 International Intellectual Property Scholars Series: European Union Patents: A Mission Impossible? An Assessment of the Historical and Current Approaches Mauricio Troncoso Follow this and additional works at: http://scholarship.law.marquette.edu/iplr Part of the Intellectual Property Commons Repository Citation Mauricio Troncoso, International Intellectual Property Scholars Series: European Union Patents: A Mission Impossible? An Assessment of the Historical and Current Approaches, 17 Intellectual Property L. Rev. 231 (2013). Available at: http://scholarship.law.marquette.edu/iplr/vol17/iss2/3 This International Intellectual Property Scholars Series is brought to you for free and open access by the Journals at Marquette Law Scholarly Commons. It has been accepted for inclusion in Marquette Intellectual Property Law Review by an authorized administrator of Marquette Law Scholarly Commons. For more information, please contact [email protected]. TRONCOSO FORMATTED FINAL (DO NOT DELETE) 5/24/2013 1:09 PM INTERNATIONAL INTELLECTUAL PROPERTY SCHOLARS SERIES* EUROPEAN UNION PATENTS: A MISSION IMPOSSIBLE? AN ASSESSMENT OF THE 1 HISTORICAL AND CURRENT APPROACHES MAURICIO TRONCOSO** I. INTRODUCTION .......................................................................................... 233 II. THE FIRST APPROACHES ........................................................................... 233 A. Original Design ............................................................................
    [Show full text]
  • The European Patent Convention, 3 Md
    Maryland Journal of International Law Volume 3 | Issue 2 Article 10 The urE opean Patent Convention Follow this and additional works at: http://digitalcommons.law.umaryland.edu/mjil Part of the International Law Commons, and the International Trade Commons Recommended Citation The European Patent Convention, 3 Md. J. Int'l L. 408 (1978). Available at: http://digitalcommons.law.umaryland.edu/mjil/vol3/iss2/10 This Notes & Comments is brought to you for free and open access by DigitalCommons@UM Carey Law. It has been accepted for inclusion in Maryland Journal of International Law by an authorized administrator of DigitalCommons@UM Carey Law. For more information, please contact [email protected]. THE EUROPEAN PATENT CONVENTION The European Patent Convention' (EPC) is an attempt to simplify European patent law. The Convention provides a procedure for securing a single, European patent,2 which has the effect of a national patent in the signatory nations designated in the application. Through this alternative to national procedures, widespread patent coverage should be easier to obtain. Require- patent, however, are rigorous and its ments for a European 3 attraction is primarily the consolidation of the grant procedures. The EPC establishes several organs to handle the various aspects of the patent application procedure. The European Patent Office (EPO), located in Munich, is the international equivalent of a national patent office. Its administrative divisions are the General Search Division, the Examining Division, and the Opposition Division. The Receiving Section is at The Hague. The first procedural step is the filing of an application at either a national patent office or directly with the EPO.4 The application may be in any of the three official languages (English, French, or German) and the applicant's choice becomes the language of the proceedings.5 The Receiving Section subjects the application to both a preliminary6 and a supplementary formal examination to determine whether it is in proper form and all fees are paid.
    [Show full text]
  • Understanding the Unified Patent Court: the Next Rocket-Docket for Patent Owners?
    ABA Section of Intellectual Property Law Landslide Magazine March/April 2016 Understanding the Unified Patent Court: The Next Rocket-Docket for Patent Owners? By Kevin R. Greenleaf, Michael W. O’Neill, and Aloys Hüettermann Kevin R. Greenleaf is a counsel at Dentons US LLP where he specializes in PTAB post-grant proceedings. He can be reached at [email protected]. Michael W. O’Neill is of counsel at Dentons US LLP in Washington, DC, and a former Administrative Patent Judge from the United States Patent and Trademark Office. He specializes in PTAB post-grant proceedings. He can be reached at [email protected]. Dr. Aloys Hüttermann is a German and European patent and trademark attorney and a partner at Michalski Hüttermann & Partner. He specializes in chemistry, bioorganic chemistry, and pharma, and can be reached at [email protected]. Much like Americans, Europeans are revising their patent laws to include a new litigation-style proceed- ing to determine patent validity and infringement. These proceedings will take place in the Unified Patent Court (UPC), which will be installed together with the unitary patent (UP), the latter allowing a single patent for nearly all of Europe. Such a revision will be the greatest change in European patent law since the establishment of the European Patent Office (EPO) in the 1970s. American patent practition- ers need to understand how the new UPC will operate. Europeans can learn from the American experi- ence of establishing the Patent Trial and Appeal Board (PTAB) at the United States Patent and Trademark Office (USPTO). The upcoming UPC is based on an international treaty; however, only European Union (EU) member states can join.
    [Show full text]
  • Overcoming Intellectual Property Monopolies in the COVID-19 Pandemic
    MSF Briefing Document July 2020 Overcoming intellectual property monopolies in the COVID-19 pandemic Médecins Sans Frontières (MSF) is responding to the global COVID-19 pandemic, providing treatment and care for people with COVID-19, protecting people living in vulnerable conditions, and ensuring uninterrupted essential health services for people suffering from other diseases.1 Having universal access to existing and future tools for treatment, diagnosis and prevention is critical. MSF has repeatedly witnessed how exclusive rights and monopolies granted to pharmaceutical corporations, resulting in high prices and blocking generic competition, have had a negative impact on our medical actions in different countries.2 For example, in the past, high prices for patented medicines have undermined the capacity of countries to provide access to treatment for HIV/AIDS, tuberculosis (TB), hepatitis C and cancer to all patients who need them. However, the impact of intellectual property (IP) monopolies is not limited to drugs. The availability of more affordable pneumococcal conjugate vaccine and human papillomavirus vaccine in low- and middle-income countries has been delayed due to unmerited patents on key technologies blocking follow-on producers.3 Intellectual property monopolies in the COVID-19 pandemic While several of the drugs being trialled as COVID-19 treatments are now off patent, patented drugs and experimental drugs are also being trialled, and some of which are under patent protection in many developing countries.4 With control over the market as a result of patents or other exclusive rights, pharmaceutical companies could determine how global production and supply chain are organised, who ultimately has access, who can produce medicines and where they can be supplied.
    [Show full text]
  • Evergreening" Metaphor in Intellectual Property Scholarship
    University of Missouri School of Law Scholarship Repository Faculty Publications Faculty Scholarship 2019 The "Evergreening" Metaphor in Intellectual Property Scholarship Erika Lietzan University of Missouri School of Law, [email protected] Follow this and additional works at: https://scholarship.law.missouri.edu/facpubs Part of the Food and Drug Law Commons, Intellectual Property Law Commons, and the Science and Technology Law Commons Recommended Citation Erika Lietzan, The "Evergreening" Metaphor in Intellectual Property Scholarship, 53 Akron Law Review 805 (2019). Available at: https://scholarship.law.missouri.edu/facpubs/984 This Article is brought to you for free and open access by the Faculty Scholarship at University of Missouri School of Law Scholarship Repository. It has been accepted for inclusion in Faculty Publications by an authorized administrator of University of Missouri School of Law Scholarship Repository. For more information, please contact [email protected]. DATE DOWNLOADED: Wed Jan 20 13:42:00 2021 SOURCE: Content Downloaded from HeinOnline Citations: Bluebook 21st ed. Erika Lietzan, The "Evergreening" Metaphor in Intellectual Property Scholarship, 53 AKRON L. REV. 805 (2019). ALWD 6th ed. Lietzan, E. ., The "evergreening" metaphor in intellectual property scholarship, 53(4) Akron L. Rev. 805 (2019). APA 7th ed. Lietzan, E. (2019). The "evergreening" metaphor in intellectual property scholarship. Akron Law Review, 53(4), 805-872. Chicago 7th ed. Erika Lietzan, "The "Evergreening" Metaphor in Intellectual Property Scholarship," Akron Law Review 53, no. 4 (2019): 805-872 McGill Guide 9th ed. Erika Lietzan, "The "Evergreening" Metaphor in Intellectual Property Scholarship" (2019) 53:4 Akron L Rev 805. AGLC 4th ed. Erika Lietzan, 'The "Evergreening" Metaphor in Intellectual Property Scholarship' (2019) 53(4) Akron Law Review 805.
    [Show full text]
  • An Open-And-Shut Case the Diplomatic Conference To
    International Journal of Communications Law and Policy Issue 6, Winter 2000/2001 AN OPEN-AND-SHUT CASE THE DIPLOMATIC CONFERENCE TO REVISE THE ARTICLES OF THE EURO- PEAN PATENT OFFICE VOTES TO MAINTAIN THE STATUS QUO REGARDING SOFTWARE PATENTS IN EUROPE PENDING ISSUANCE OF A NEW SOFTWARE PATENT DIRECTIVE BY THE EUROPEAN UNION by Erwin J. Basinski, Esq. ** A. Introduction The majority of EPC States decided that the issue of changes to delete the prohibition against computer programs as such should be deferred pending the review being carried out by the European Commission in preparation for the proposed EU Directive on Software Patents. There would then be the possibility of including a subsequent amendment to Article 52 after the EU Software Patent Directive is issued. As to the pending Software Patent Directive, on 19 October 2000, the European Com- mission launched consultations (i.e. requests for comments) via the Internet on the patentability of computer-implemented inventions, requesting that interested parties submit comments to the EC prior to December 15, 2000. It was reported that over 60,000 comments were received from independent software developers and small to medium business enterprises (SME) in Europe as a result of a concerted lobbying campaign against software patents by the Open Source Soft- ware community in Europe. Some comments, both pro and con are now available for viewing on the EU web site. It is understood that the EU is soliciting additional economic studies and will begin the draft of the Software Patent Directive shortly. B. Background Software patents have been granted in Europe for many years.
    [Show full text]
  • Copyright to Protect Intellectual Property Rights in Cdna, a Better Legal Regime Than Patent Law?
    Copyright to protect intellectual property rights in cDNA, a better legal regime than patent law? Michael Christian van Staveren BA ANR 444484 Thesis supervisor and first reader: Ivan Skorvanek PhD Second reader: Maša Galič PhD Abstract: cDNA (or complementary/engineered DNA) applications are a growing trend in the Biotechnology sphere. cDNA strands are DNA strands that are artificially created. These engineered DNA strands can be used to change the properties of vegetables, livestock, or to find and scope out cancerous mutations in human beings. The possibilities seem endless. Because this industry is a rapidly growing one, the current legal regime might not be suited for cDNA anymore. But is this really the case? The current legal regime is patent law. In literature, it has been proposed to have copyright law be applicable to cDNA. The reasoning behind this is that copyright would be perfect, since it shares many similarities with computer code which can already fall under the copyright regime. It is also much cheaper, and there are no formal requirements. In this thesis, I will evaluate the arguments in favor of making such a change. I will also discuss the counterarguments. My conclusion will be that a hybrid system or a change from one system to another might not be the best solution. I propose a semi-hybrid system. The idea is that copyright law would protect cDNA applications from the moment they are created, up until they receive patent protection. This way cDNA is protected by copyright law but will in the end transition to patent law, which is arguably more robust.
    [Show full text]
  • The European Union's Self-Defeating Policy: Patent Harmonization and the Ban on Human Cloning Robin Beck Skarstad*
    COMMENTS THE EUROPEAN UNION'S SELF-DEFEATING POLICY: PATENT HARMONIZATION AND THE BAN ON HUMAN CLONING ROBIN BECK SKARSTAD* 1. INTRODUCTION The European Parliament's1 approval of a directive,2 ten years in the making, represents a huge step towards improving the cli- * I appreciate the time and effort comment editor Eric Green devoted to this piece. I would also like to thank my husband Erik, my sister Jodi, and my parents Robert and Elaine for listening, supporting, and believing long before this piece was ever written. ' The European Parliament, located in Strasbourg, is a governmental body of the European Community ("EC") created by the founding Treaty on Euro- pean Union. See TREATY ESTABLISHING THE EUROPEAN COMMUNITY, Feb. 7, 1992, OJ. (C 224) 1 (1992), [1992] 1 C.M.L.R. 573 (1992) [hereinafter Maas- tricht Treaty]. It is composed of representatives of the member nations ("MEP"s) who are elected to five-year terms. Although it has recently taken on a greater legislative role, the European Parliament is primarily a consulta- tive and supervisory body. It has the power to refuse assent to agreements and protocols, which is, in effect, a veto power. The European Commission is ac- countable to the Parliament who can censure and require Commissioners' res- ignations. The Parliament also monitors the activities of other European Un- ion ("EU") institutions through committees of inquiry and is empowered to conduct inquiries into complaints or petitions and bring proceedings before the Court of Justice. The Treaty Establishing the European Community defined the Parliament as a consultative body whose views should be taken into con- sideration regarding issues of common foreign and security policy in addition to activities generally concerning Justice and Home Affairs.
    [Show full text]
  • Download the Transcript
    DRUGS-2017/05/02 1 THE BROOKINGS INSTITUTION REINING IN PRESCRIPTION DRUG PRICES Washington, D.C. Tuesday, May 2, 2017 Introduction: LOUISE SHEINER Senior Fellow, Economic Studies Policy Director, Hutchins Center on Fiscal and Monetary Policy The Brookings Institution Paper: Framework for Negotiation in Part D of Medicare MODERATOR: PAUL B. GINSBURG Senior Fellow, Economic Studies Leonard D. Schaeffer Chair in Health Policy Studies Director, Center for Health Policy The Brookings Institution Presenters: RICHARD G. FRANK Margaret T. Morris Professor of Health Economics Department of Health Care Policy Harvard Medical School RICHARD J. ZECKHAUSER Frank P. Ramsey Professor of Political Economy Harvard Kennedy School of Government Paper: Can Importation Address High Generic Drug Prices? MODERATOR: PAUL B. GINSBURG Senior Fellow, Economic Studies Leonard D. Schaeffer Chair in Health Policy Studies Director, Center for Health Policy The Brookings Institution Presenters: THOMAS BOLLYKY Senior Fellow for Global Health, Economics and Development Council on Foreign Relations AARON KESSELHEIM Associate Professor of Medicine ANDERSON COURT REPORTING 706 Duke Street, Suite 100 Alexandria, VA 22314 Phone (703) 519-7180 Fax (703) 519-7190 DRUGS-2017/05/02 2 Brigham and Women’s Hospital and Harvard Medical School Paper: Removing Barriers to Competition in Pharmaceutical Markets MODERATOR: PAUL B. GINSBURG Senior Fellow, Economic Studies Leonard D. Schaeffer Chair in Health Policy Studies Director, Center for Health Policy The Brookings Institution Presenters:
    [Show full text]
  • Canada's Continuing Support of US Linkage Regulations For
    Marquette Intellectual Property Law Review Volume 15 | Issue 1 Article 1 I'm Still Your Baby: Canada's Continuing Support of U.S. Linkage Regulations for Pharmaceuticals Ron A. Bouchard University of Manitoba, Canada Follow this and additional works at: http://scholarship.law.marquette.edu/iplr Part of the Intellectual Property Commons Repository Citation Ron A. Bouchard, I'm Still Your Baby: Canada's Continuing Support of U.S. Linkage Regulations for Pharmaceuticals, 15 Intellectual Property L. Rev. 71 (2011). Available at: http://scholarship.law.marquette.edu/iplr/vol15/iss1/1 This Article is brought to you for free and open access by the Journals at Marquette Law Scholarly Commons. It has been accepted for inclusion in Marquette Intellectual Property Law Review by an authorized administrator of Marquette Law Scholarly Commons. For more information, please contact [email protected]. I’M STILL YOUR BABY: CANADA’S CONTINUING SUPPORT OF U.S. LINKAGE REGULATIONS FOR PHARMACEUTICALS RON A. BOUCHARD∗ ABSTRACT ...................................................................................................... 72 INTRODUCTION ............................................................................................. 73 I. REVIEW OF EMPIRICAL STUDIES............................................................ 77 A. Study 1 ........................................................................................... 77 B. Study 2 ............................................................................................ 83 C. Study
    [Show full text]