Antitrust & Competition Policy Blog

Editor: D. Daniel Sokol
University of Florida
Levin College of Law

Monday, February 2, 2009

EU and Pharmaceutical Patents

posted by Shubha Ghosh

Readers may be interested in this analysis of the EU Competition Commission's preliminary report on the pharmaceutical industry, published last December. 

Intellectual Property Rights: The View from Competition Policy by Shubha Ghosh (Wisconsin Law).

ABSTRACT: Three propositions inform the debate over the relationship between intellectual property rights and competition policy.  The first involves concerns over how the anticompetitive uses of intellectual property will increase as intellectual property rights become stronger.  The second is that the uses of competition norms to loosen intellectual property rights will diminish the incentives for innovation.  Finally, there is the belief that the tension between competition policy and intellectual property rights can be reconciled by recognizing how market competition is consistent with innovation and by acknowledging the competition norms that shape the scope of intellectual property rights.  In this Essay, I examine these three propositions and their application to the preliminary report on the pharmaceutical industry released by the European Commission on November 28, 2008.

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