Immaterialret

Excessive Pharmaceutical prices as an anti-competitive practice in TRIPS & European Competition Law

Behrang Kianzad

University of Copenhagen, Faculty of Law, CeBIL, Center for Advanced Studies in Biomedical Innovation Law

  behrang.kianzad@jur.ku.dk  

  +45 35 33 39 07

 http://jura.ku.dk/english/staff/research/?pure=en/persons/604260 

Starting date: 1 September 2017

Completion date:  31 August 2020

Projektbeskrivelse:

An investigation of the triangular dilemma of strong Intellectual Property protection, contra high prices of medicines as result of the global Intellectual Property regime and finally the legal-economic rationales and discourses underlying Intellectual Property Law / competition law / intervention. The aim is to establish what constitutes anti-competitive practices such as excessive prices in TRIPS & EU Competition Law, by making the case for the excessiveness of prices as an anti-competitive practice in and out of themselves from a legal-economic / competition law perspective.

Injunctions over patents within the EU and the USA

Vadym Semenov

University of Copenhagen, Faculty of Law, CIIR 

  vadym.semenov@jur.ku.dk 

 +45 31 21 83 48

  

Starting date: 16.09.2015

Completion date: 15.09.2018

Project description:

The project involves comparative legal analysis of approaches towards injunctions over patents employed in the EU and the USA in the light of legislative provisions implemented in TRIPS. Despite patents grant considerably strong monopoly to its owner which includes the right to prohibit exploitation of the given patent by third parties, in some special cases the monopoly above is limited by the courts during consideration of applications for injunctive relief. Therefore, the project addresses the ratio between patent rights and practical possibility of their enforcement in both jurisdiction.