Pharmaceutical firms typically enjoy market exclusivity for new drugs from concurrent protection of the underlying invention (through patents) and the clinical trials data submitted for market approval (through data exclusivity). Patent invalidation during drug development renders data...

We evaluate the welfare effects of differential pricing, voluntary licensing, and compulsory licensing in the Indian market for oral anti-diabetic (OAD) drugs. This market includes a new class of molecules called DPP-4 inhibitors, all of which are under patent protection in India. The Indian...

This paper examines the effect of foreign direct investment (FDI) on domestic innovation based on a data set covering the pharmaceutical industries across 29 provinces in the People's Republic of China (PRC) over the period 1998-2007. We show that there is a negative horizontal spillover effect...

Are IPRs institutions meant to foster innovative activities or conversely to secure appropriation and profitability? Taking stock of a long-term empirical evidence on the pharmaceutical sector in the US, we can hardly support IPRs intended as an innovation rewarding institution. According to our...

The role of the patent system in promoting pharmaceutical innovation is widely seen as a tremendous success story. This view overlooks a serious shortcoming in the drug patent system: the standards by which drugs are deemed unpatentable under the novelty and non-obviousness requirement bear...

Recent years have seen a remarkable increase in patents in the field of information, communication and entertainment (ICE) technology and biotechnology. The growth of patents in those areas has triggered serious concern about access to ICE and genome related inventions, as the rise of patents...

The present paper explores the multi-layered relationship between plant patents, the right to food and competition law. The present contribution takes the view that the growing tendency to appropriate agricultural crops through intellectual property (IP) – thereby making a pivotal shift from...

In the delicate interaction between intellectual property and public interest, two antinomian questions come to the fore. The first question is to what extent patent law guarantees public interest, contributes to public interest or, on the contrary, limits public interest. The second question is...

Professor Sichelman’s article on “Purging Patent Law of Private Law Remedies” offers a welcome and useful perspective on the reform of patent remedies. In this comment I critique some of his assumptions regarding the “private” nature of patent and other remedies, then turn to...