Creative Destruction Refers to the Incessant Product and Process Innovation Mechanism by Which New Production Units Replace Outdated Ones
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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. -
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. -
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Working Paper History as heresy: unlearning the lessons of economic orthodoxy O'SULLIVAN, Mary Abstract In spring 2020, in the face of the covid-19 pandemic, central bankers in rich countries made unprecedented liquidity injections to stave off an economic crisis. Such radical action by central banks gained legitimacy during the 2008-2009 global financial crisis and enjoys strong support from prominent economists and economic historians. Their certainty reflects a remarkable agreement on a specific interpretation of the Great Depression of the 1930s in the United States, an interpretation developed by Milton Friedman and Anna Schwartz in A Monetary History of the United States (1963). In this article, I explore the origins, the influence and the limits of A Monetary History’s interpretation for the insights it offers on the relationship between theory and history in the study of economic life. I show how historical research has been mobilised to show the value of heretical ideas in order to challenge economic orthodoxies. Friedman and Schwartz understood the heretical potential of historical research and exploited it in A Monetary History to question dominant interpretations of the Great Depression in their time. Now that [...] Reference O'SULLIVAN, Mary. History as heresy: unlearning the lessons of economic orthodoxy. Geneva : Paul Bairoch Institute of Economic History, 2021, 38 p. Available at: http://archive-ouverte.unige.ch/unige:150852 Disclaimer: layout of this document may differ from the published version. 1 / 1 FACULTÉ DES SCIENCES DE LA SOCIÉTÉ Paul Bairoch Institute of Economic History Economic History Working Papers | No. 3/2021 History as Heresy: Unlearning the Lessons of Economic Orthodoxy The Tawney Memorial Lecture 2021 Mary O’Sullivan Paul Bairoch Institute of Economic History, University of Geneva, UniMail, bd du Pont-d'Arve 40, CH- 1211 Genève 4. -
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. -
Breaking the Mould: an Institutionalist Political Economy Alternative to the Neoliberal Theory of the Market and the State Ha-Joon Chang, May 2001
Breaking the Mould An Institutionalist Political Economy Alternative to the Neoliberal Theory of the Market and the State Ha-Joon Chang Social Policy and Development United Nations Programme Paper Number 6 Research Institute May 2001 for Social Development The United Nations Research Institute for Social Development (UNRISD) thanks the governments of Denmark, Finland, Mexico, the Netherlands, Norway, Sweden, Switzerland and the United Kingdom for their core funding. Copyright © UNRISD. Short extracts from this publication may be reproduced unaltered without authorization on condition that the source is indicated. For rights of reproduction or translation, application should be made to UNRISD, Palais des Nations, 1211 Geneva 10, Switzerland. UNRISD welcomes such applications. The designations employed in UNRISD publications, which are in conformity with United Nations practice, and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of UNRISD con- cerning the legal status of any country, territory, city or area or of its authorities, or concerning the delimitation of its frontiers or boundaries. The responsibility for opinions expressed rests solely with the author(s), and publication does not constitute endorse- ment by UNRISD. ISSN 1020-8208 Contents Acronyms ii Acknowledgements ii Summary/Résumé/Resumen iii Summary iii Résumé iv Resumen v 1. Introduction 1 2. The Evolution of the Debate: From “Golden Age Economics” to Neoliberalism 1 3. The Limits of Neoliberal Analysis of the Role of the State 3 3.1 Defining the free market (and state intervention) 4 3.2 Defining market failure 6 3.3 The market primacy assumption 8 3.4 Market, state and politics 11 4. -
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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: -
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 -
How Spatial Economics Abandoned Monetary Analysis*
Hamlet without the Prince? How Spatial Economics Abandoned Monetary Analysis* David Bieri†1,2,3 1School of Public & International Affairs, Virginia Tech, Blacksburg, VA 24061, USA 2Department of Economics, Virginia Tech, Blacksburg, VA 24061, USA 3Global Forum on Urban & Regional Resilience, Virginia Tech, Blacksburg, VA 24061, USA Preliminary and incomplete draft This version: May 2019 Abstract From the local income effects of mortgage refinancing to the regional transmission of monetary policy via house price dynamics, the Great Financial Crisis has been a powerful reminder that money and credit—always and everywhere—matter greatly for the evolution of the space-economy. Yet, with the classical dichotomy still embed- ded firmly in its theoretical core, the contemporary canon of spatial economics (from urban economics to geographical economics and regional science) has little to say about monetary phenomena and their spatial consequences. Such a disengagement with regional aspects of money and credit represents a distinct break with the intel- lectual tradition of a long ancestry of spatial economists, stretching as far back as the seminal writings of Heinrich von Thünen’s. In this paper, I illustrate this contention by examining the monetary content of the work of August Lösch (1906–1945)—one of the founding fathers of modern spatial economics. Indeed, questions about the spatial neutrality of money, its institutional governance, as well as its endogenous creation, are central elements to his work. In this sense, I argue that Lösch—as a stu- dent of Walter Eucken’s, Arthur Spiethoff’s and Joseph Schumpeter’s—represents an important branch in the long lineage of 20th century Continental monetary thought. -
Sleepy Hollow and the Arrovian Legend: Is There a Generalizable Relationship Between Concentration and Innovation?
United States of America Federal Trade Commission Sleepy Hollow and the Arrovian Legend: Is There a Generalizable Relationship Between Concentration and Innovation? Christine S. Wilson Commissioner, U.S. Federal Trade Commission Remarks at the Concurrences Event “Big Techs and Start-Ups: Where is the Innovation?” New York, NY September 12, 2019 The views expressed in these remarks are my own and do not necessarily reflect the views of the Federal Trade Commission or any other Commissioner. Many thanks to my advisors, Keith Klovers and Jeremy Sandford, for assisting in the preparation of these remarks. 1 I. INTRODUCTION Good evening! Many thanks to Concurrences and Nicolas Charbit for inviting me here today, to Frédérick Jenny for moderating, and to Isabelle de Silva for joining me in sharing thoughts on tonight’s topic. Specifically, we’ve been asked to address “Big Techs and Start-Ups: Where is the Innovation?”1 Given the growing focus on the acquisition of nascent competitors by large tech firms, the question is timely. Before I begin, I must give the standard disclaimer: The views I express today are my own, and do not necessarily reflect the views of the U.S. Federal Trade Commission or any other Commissioner. Many commentators assert that the acquisition of nascent competitors necessarily reduces competition. There are two strains of this argument. First, many today believe that small firms are inherently more innovative than large ones, so that the acquisition of a small firm by a large one necessarily reduces innovation.2 A few others have argued that some famous corporate behemoths, like AT&T and IBM, were less innovative before they faced antitrust suits.3 1 Of course, I am not the first sitting FTC Commissioner to consider the nature of innovation and its role in competition policy. -
Book Review of a Brief History of Neoliberalism Keskin
Societies Without Borders Volume 4 | Issue 1 Article 7 2009 Book Review of A Brief History of Neoliberalism Keskin Follow this and additional works at: https://scholarlycommons.law.case.edu/swb Part of the Human Rights Law Commons, and the Social and Behavioral Sciences Commons Recommended Citation Keskin. 2009. "Book Review of A Brief History of Neoliberalism." Societies Without Borders 4 (1): 94-95. Available at: https://scholarlycommons.law.case.edu/swb/vol4/iss1/7 This Book Review is brought to you for free and open access by the Cross Disciplinary Publications at Case Western Reserve University School of Law Scholarly Commons. It has been accepted for inclusion in Societies Without Borders by an authorized administrator of Case Western Reserve University School of Law Scholarly Commons. S Keskin: Book Review of A Brief History of Neoliberalism W B Societies Without Borders 4 (2009) 94–98 www.brill.nl/swb Book Reviews A Brief History of Neoliberalism. David Harvey. (Oxford, UK: Oxford Uni- versity Press, 2005. 247 pp. hardcover $35.00; softcover $19.95.) Reviewer : Tugrul Keskin, Department of Sociology at Virginia Polytechnic Institute and State University, USA Harvey provides a historical overview of neo-liberalism in the context of capitalist expansion, and the emergence of a new form embedded liberalism in the 1950s and 60s. He identifi es the fi rst experiment with neoliberal state formation (p. 7) as the Chilean case after the coup of September 11, 1973. Th is was referenced as very similar to the Turkish case under the military regime after 1980. In the case of Turkish neoliberalization, the World Bank and IMF imposed privatization and deregulation policies, similar to the dictatorial Pinochet regime in Chile. -
In Re: Glaxosmithkline Plc Securities Litigation 05-CV-3751
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK __________________________________________ ) In re: GlaxoSmithKline plc Securities ) Civil Action No. 05 CIV. 3751 (LAP) Litigation ) ) DEMAND FOR JURY TRIAL __________________________________________) CONSOLIDATED SECOND AMENDED COMPLAINT JURISDICTION AND VENUE 1. The claims asserted herein arise under §§ 10(b) and 20(a) of the Securities Exchange Act of 1934 (“1934 Act”) and Rule 10b-5. Jurisdiction is conferred by § 27 of the 1934 Act, and 28 U.S.C. §1331. Venue is proper here pursuant to § 27 of the 1934 Act. GlaxoSmithKline plc and SmithKline Beecham Corporation doing business as GlaxoSmithKline plc (collectively “GSK”) is headquartered in London, England, but conducts business in this District. GSK’s ADRs trade on the New York Stock Exchange headquartered in this District. THE PARTIES 2. Lead Plaintiff Joseph J. Masters (“Plaintiff”) acquired publicly traded securities of GSK during the Class Period and was damaged thereby. 3. Defendant GlaxoSmithKline plc is a public company. GlaxoSmithKline plc’s ADRs trade in an efficient market on the NYSE under the symbol “GSK.” GlaxoSmithKline plc’s ordinary shares trade in an efficient market on the London Stock Exchange. Defendant SmithKline Beecham Corporation is a Delaware corporation, which is a wholly-owned subsidiary of GlaxoSmithKline plc. GlaxoSmithKline plc was created in December 2000 when Glaxo Wellcome merged with SmithKline Beecham. Both GlaxoSmithKline plc and SmithKline Beecham, as well as all of their predecessors, subsidiaries and successors, are referred to herein collectively as “GSK.” 4. Defendant Jean-Pierre Garnier (“Garnier”) was CEO and Chairman of GSK throughout the Class Period. By reason of his position, Garnier had access to material inside information about GSK and was able to control directly or indirectly the acts of GSK and the contents of the representations disseminated during the Class Period by or in the name of GSK. -
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.