tag:blogger.com,1999:blog-5574479.post178728179825400979..comments2024-03-28T16:45:51.051+00:00Comments on The IPKat: EU pharma originators v generics: the latest newsVerónica RodrÃguez Arguijohttp://www.blogger.com/profile/05763207846940036921noreply@blogger.comBlogger5125tag:blogger.com,1999:blog-5574479.post-74997400424567488472014-12-16T13:25:28.031+00:002014-12-16T13:25:28.031+00:00Here's the Commission's 5th report on phar...Here's the Commission's 5th report on pharma patent settlements - http://ec.europa.eu/competition/sectors/pharmaceuticals/inquiry/patent_settlements_report5_en.pdfAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-91200123954305049522010-01-13T17:36:58.632+00:002010-01-13T17:36:58.632+00:00RT Anonymous: I meant that, in more general terms,...RT Anonymous: I meant that, in more general terms, the point of the patent system is to grant a time-limited monopoly, preventing others from using your idea without your permission.<br /><br />The higher purpose of the system is to stimulate innovation, granted, but the dirty method by which it achieves this is monopoly, however much policy advisors are told to avoid the word. And the patent system doesn't exist "ultimately for the benefit of human health". It exists to stimulate innovation. Whether that innovation is beneficial or detrimental to human health is besides the point.<br /><br />Naturally, if a patent is granted which is not legally considered to be innovative (either through lack of novelty or lack of inventive step) then that represents an abuse of the system. But if the checks and balances in place to prevent abuse of a system are not functioning properly, one fixes the checks and balances - one doesn't change the system.Davenoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-88612923419332193532010-01-13T15:33:32.408+00:002010-01-13T15:33:32.408+00:00Re Dave: "Also: "using patent strategies...Re Dave: "Also: "using patent strategies to prevent generics from hitting the market"... isn't that the purpose of the patent system?!". Er, no. The point of the patent system is to provide a reward for genuine innovation and thus encourage R&D, ultimately for the benefit of human health. However, the way in which some aspects of the patent system in Europe appear to be used at the moment does indeed suggest that the point of the patent system is to delay generic entry. (Delay = making sure that generic entry is later than it otherwise could / would have been). It's ultimately a question of balance. A pharma company that invests millions / billions on R&D should be rewarded with patent protection for its innovation - period. When such patent protection expires then the market opens up for generic competition, as it rightly should. However, the patents that end up being the ones that effectively regulate generic entry often have very little to do with genuine innovation.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-65575791537839585432010-01-13T08:36:33.540+00:002010-01-13T08:36:33.540+00:00RT Jennifer: The argument made most frequently reg...RT Jennifer: The argument made most frequently regarding the research costs of the pharma industry is that they are less than their advertising costs. Mind you, I've never been really sure what this argument is intended to prove...<br /><br />The thing that bothers me about the Commission actions is that "an originator company [paying] off a generic competitor in return for delayed market entry of a generic drug" doesn't appear to be to be an issue of patent practice, but one of business agreements between competitors (legal or otherwise). I would be quite concerned if this was used as evidence to support an investigation into the patent system.<br /><br />Also: "using patent strategies to prevent generics from hitting the market"... isn't that the purpose of the patent system?! I think someone's been listening to lobby groups again. Next, the Commission will be telling us that recording artists deserve longer copyright terms, just because Cliff Rich... Oh, wait a minute...Davenoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-86566756977249139302010-01-12T15:09:18.893+00:002010-01-12T15:09:18.893+00:00While I appreciate that pharmaceutical companies a...While I appreciate that pharmaceutical companies are making a killing off of their products, who, pray tell, will be footing the bill for the costly research behind the medication if big pharma is not allowed to earn big money?Jennifernoreply@blogger.com