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Antitrust Enforcement and Standard Essential Patents

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Book Series: Munich Intellectual Property Law Center - MIPLC ISBN: 9783845285191 Year: Volume: 29 DOI: http://dx.doi.org/10.5771/9783845285191 Language: en
Publisher: Nomos Verlagsgesellschaft mbH & Co. KG
Subject: Law
Added to DOAB on : 2018-11-05 12:58:40
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Abstract

The present thesis discusses the implications of the enforcement of standard-essential patents (SEPs) for competition law. Formal standard setting has the potential to result in near-optimal investment in research and development and at the same time in rapid implementation of innovative standards.

FTO (Freedom to Operate) in the Pharmaceutical Industry

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Book Series: Munich Intellectual Property Law Center - MIPLC ISBN: 9783845294018 Year: Volume: 34 DOI: http://dx.doi.org/10.5771/9783845294018 Language: en
Publisher: Nomos Verlagsgesellschaft mbH & Co. KG
Subject: Law
Added to DOAB on : 2018-11-05 12:58:39
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Abstract

FTO licensing in the pharmaceutical industry deserves special consideration because of the large economic scale of the market, expensive cost of R&D, extremely low success rate, and easy duplication of the drug. Taking these unique aspects into consideration, the author first explaines how to perform a good FTO search and conclude an appropriate FTO licensing agreement, and then points out two issues; (i) the issue of FTO licensing and EU competition, especially the unreasonable application of the Guideline, and (ii) the issue of FTO licensing and differentiating between a bio venture company and a pharmaceutical company. Solutions for these issues are proposed.

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