This dissertation was written as part of the LLM in Transnational and European Commercial Law, Banking Law and Mediation/Arbitration at the International Hellenic University. Titled “Intellectual Property in pharmaceutical sector and Competition Policy within the European Union”, this dissertation provides an overview of the function and application of intellectual property law and competition law in the pharmaceutical sector as well as the interface of these fields of law. It describes the main characteristics of the pharmaceutical sector presenting the issues raised by the 2009 Pharmaceutical Sector Inquiry which influenced the development of the
competition law policy within the sector. Considering that the development of a pharmaceutical product is a costly, time-consuming process and the pharmaceutical
companies can recoup their investments during a particular period of time, this dissertation aims to shed light into the competitive relationship between the
companies of the industry and their conducts that may restrict or block competition. This dissertation analyses case law and investigations initiated by the Competition
Authorities regarding 'pay-for-delay' settlement agreements and patent strategies employed by pharmaceutical companies from an antitrust perspective aiming to contribute to the open discussion under what conditions these practices violate competition law.
I would like at this point to acknowledge the aid of my supervisor, Professor Pavlos Masouros whose guidance, assistance and encouragement was essential for the
completion of this dissertation.
Keywords: intellectual property rights, competition, pharmaceutical industry, strategic
patenting, competition authorities
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