A Framework for Understanding Ethical and Efficiency Issues in Pharmaceutical Intellectual Property Litigation

Oppenheimer, Margaret; LaVan, Helen; Martin, William F.

doi:10.1007/s10551-014-2365-7

Cited by 9 publications

(14 citation statements)

References 78 publications

(95 reference statements)

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“…The purpose of this paper is to explore how to make a rational decision on utilizing patent rights for fighting against COVID-19. In doing so, we adopt the research framework proposed by Oppenheimer et al ( 2015 ), which is helpful for managers in making decisions on how to address ethical conflicts systematically. However, we modify the research framework proposed by Oppenheimer et al ( 2015 ) in two aspects.…”

Section: Research Frameworkmentioning

confidence: 99%

“…In doing so, we adopt the research framework proposed by Oppenheimer et al ( 2015 ), which is helpful for managers in making decisions on how to address ethical conflicts systematically. However, we modify the research framework proposed by Oppenheimer et al ( 2015 ) in two aspects. First, we analyze enterprise business ethics at a societal level and organization level, which leads to our ethical framework is composed of four elements: common good, utilitarianism, distributive justice, rights, and duties.…”

Section: Research Frameworkmentioning

confidence: 99%

“…First, we analyze enterprise business ethics at a societal level and organization level, which leads to our ethical framework is composed of four elements: common good, utilitarianism, distributive justice, rights, and duties. The original ethical framework proposed by Oppenheimer et al ( 2015 ) consists of six elements in which both virtue and caring are included from an individual perspective. As the paper focuses on studying how an organization makes a rational decision for fighting the COVID-19 crisis, it is more suitable to research enterprise business ethics at the social and organizational levels instead of an individual dimension.…”

Section: Research Frameworkmentioning

confidence: 99%

“…The second factor in the process of efficiency analysis is the societal well-being of a given society. The critical criteria are Pareto optimality and welfare maximization for evaluating societal well-being (Oppenheimer et al, 2015 ). Pareto optimality prefers an ideal situation in which the well-being of one person could not be improved without harming others.…”

Section: Research Frameworkmentioning

confidence: 99%

“…In doing so, we collected patent pledges submitted during the period of the COVID-19 pandemic. Oppenheimer et al ( 2015 ) proposed a novel analysis framework for combining the efficiency theory and business ethics theory to understand intellectual property rights. To further explore why companies make patent pledges, we revise the research framework proposed by Oppenheimer et al ( 2015 ) and focus on the combination of efficiency and ethical analysis on patent strategies from the perspective of both society and organizations.…”

Section: Introductionmentioning

confidence: 99%

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Pledging Patent Rights for Fighting Against the COVID-19: From the Ethical and Efficiency Perspective

Yuan

2021

J Bus Ethics

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In response to the great crises of the COVID-19 coronavirus, virtually all new technologies protected by patent rights have been used in practice from diagnostics, therapeutic, medical equipment, and vaccine to prevention, tracking, and containment of COVID-19. However, the moral justification of patent rights is questioned when pharmaceutical patents conflict with public health. This paper proposes a revised approach of deciding on how to address the conflicts between business ethics and patent protections and then compares the different mechanisms of clearing patent thickets. Our findings highlight that patent pledges may not only contribute to achieving the maximized substantive justice of the public but also help patent pledgors fulfill procedural justice. The advantages of patent pledges have attracted many patent holders to make public statements during the COVID-19 pandemic. In contrast, the disadvantages of a free license may make patent pledges not sustainable for a long time without the related supporting measures. Our findings will be helpful for policymakers or company managers to make an appropriate decision on rationally utilizing patent portfolios for fighting against public health crises.

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Section: Research Frameworkmentioning

confidence: 99%

Section: Research Frameworkmentioning

confidence: 99%

Section: Research Frameworkmentioning

confidence: 99%

Section: Research Frameworkmentioning

confidence: 99%

Section: Introductionmentioning

confidence: 99%

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