Intellectual property and competition

Hovenkamp, Herbert J.

doi:10.4337/9781789903997.00014

Cited by 2 publications

References 70 publications

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The Intersection Between Intellectual Property and Competition Laws in the Pharmaceutical Sector: A Ukrainian Perspective

Gurgula

2023

Competition and Intellectual Property Law in Ukraine

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Robust protection of competition is particularly important in the field of pharmaceuticals as this may help to improve access to affordable medicines and foster medical innovation. While the Antimonopoly Committee of Ukraine (AMCU) has undertaken certain activities in the pharmaceutical sector aimed at combating price increases, these activities do not cover practices that rely on intellectual property (IP) rights that may have a negative effect on the pharmaceutical market. The aim of this chapter is to explore the current competition law approach to IP-related practices in Ukraine. It will discuss certain exemptions related to IP agreements and will suggest that the current competition law rules may require clarification. Specifically, to ensure that only genuinely procompetitive IP agreements are allowed, it will be suggested that it may be necessary to develop specific guidance on the correct interpretation of the law and its application to IP-related agreements. By way of example, the chapter will discuss anticompetitive IP-related agreements that are unique to the pharmaceutical industry, i.e. 'pay-for-delay' agreements. While such agreements have not been the subject of investigation by the AMCU, they have attracted particular attention in the EU and the US. The chapter will discuss the approaches for assessing such agreements developed in the EU and the US, and will provide some recommendations that, it is believed, will help to create more effective competition law enforcement in the field of pharmaceuticals for the benefit of Ukrainian patients. The discussion in this Chapter, while focusing on Ukraine, may also be useful to other jurisdictions that seek to improve their competition law enforcement in the field of IP to facilitate access to medicines.

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The Intersection Between Intellectual Property and Competition Laws in the Pharmaceutical Sector: A Ukrainian Perspective

Gurgula

2023

Competition and Intellectual Property Law in Ukraine

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Commercialization of intellectual property: innovative impact on global competitiveness of national economies

Вирченко

Petrunia

Osetskyi

et al. 2021

MMI

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This paper investigates the role of intellectual property in the modern post-industrial economy and its intensive commercialization of the country's competitive advantages in the global economic environment. The main purpose of the research is to prove the hypothesis about the crucial role of intellectual property development in ensuring expanded public reproduction and facilitating the global competitiveness of national economies through innovative modernization of production. To gain the research aim, the authors used a combination of theoretical synthesis and comprehensive statistical analysis. The study follows a deductive approach and theoretical background analysis followed by quantitative research of statistical data. It allowed arriving essential conclusions concerning the role of intellectual property in strengthening the global competitiveness of the national economy and practical policy implications regarding stimulating intellectual property commercialization within the national economy. Paper investigates transmission mechanisms that represent the impact of intensive commercialization of intellectual property on public reproduction and competitiveness of the national economy. Commercialization of intellectual property, defined as a range of activities envisaged for rapid implementation of intellectual activity, resulted in economic turnover to obtain strategic competitive advantages and generate economic profit supported by the transformation of intellectual property into intellectual capital used for the manufacturing of innovative, highly marginal products. Comprehensive statistical data analysis was conducted using quantitative methods (cluster analysis and principal components analysis). The findings proved the key role of intellectual property in the modern system of public reproduction. They demonstrated the multiplicative impact of intellectual property development on a country's competitive global economic environment. Obtained research results provided the basis for policy implications concerning the development of commercialization of intellectual property and stimulation of expanded reproduction of intellectual capital in Ukraine as a precondition of innovative modernization of national industries and acquiring strategic competitive advantages in a globalized market.

show abstract

Intellectual property and competition

Cited by 2 publications

References 70 publications

The Intersection Between Intellectual Property and Competition Laws in the Pharmaceutical Sector: A Ukrainian Perspective

The Intersection Between Intellectual Property and Competition Laws in the Pharmaceutical Sector: A Ukrainian Perspective

Commercialization of intellectual property: innovative impact on global competitiveness of national economies

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