Publications

The summer 2007 edition of Eye on Europe examines France after the election of Nicolas Sarkozy, and the state of the EU`s Lisbon Agenda

Healthy IPRs examines some of the central issues currently taking place in the field of pharmaceutical Intellectual Property Rights.

It is no secret that the IP field in general, and pharmaceutical IPRs in particular, have been the subject of many heated discussions. These discussions can often be as emotional as they are rational.

Yet without denigrating the importance of the pharmaceutical IPR debate in general, and the issue of access to medicines in particular, it is essential to keep the big picture in mind. Pharmaceutical IPRs work. They are part of the solution and not part of the problem.

By providing a comprehensive and realistic overview of the many aspects of pharmaceutical IPRs this compendium seeks to underline this message.

Healthy IPRs includes concise and informative contributions from seventeen distinguished experts, including academics, policy makers and practitioners.

The contents of this month`s edition of Know-IP includes...

"Here They Go Again – Oxfam, IPRs and Jordan", by Dr. Meir P. Pugatch and Helen Disney

"Latin America Intellectual Property Challenges" by Felix Rozanski

"Reporting Intellectual Property – Mapping What Drives Value" by Roya Ghafele

Book Review – The Economics of the European Patent System – IP Policy for Innovation and Competition by Dominique Guellec and Bruno van Pottelsberghe de la Potterie

New Publication – Heathly IPRs – A Forward Look at Pharmaceutical Intellectual Property by Dr. Meir P Pugatch and Anne Jensen

Upcoming Event – Defining the Public Interest in Intellectual Property

News Flashes

This paper analyses the trend towards using economic analysis in IPR litigation, particularly with concern to patent cases.

As traditional financial reporting is not designed for use in litigation, more subtle analysis is often required in order for legal decisions to be made. Dr.Cook highlights a range of different assessment models economists can provide to enable to the legal system to appropriately judge the merits of a litigation case, including price and market analysis, and antitrust behaviour. He suggests that it is likely Europe will witness a growth of expert witness economists as found in the United States.

In a paper analysing the application of competition law in the EU, with particular reference to the case of mobile telephone chipset manufacturer Qualcomm, Michael Einhorn finds the EU’s priorities to be backwards. The Commission’s apparent preference for protecting competing companies’ interests ahead of those of customers threatens Europe’s innovation culture. The paper reviews the impact of this approach on ‘selective discounting’, market monopolisation, and ‘alternative’ IP licensing arrangements. In the Qualcomm case, it finds clear consumer benefits deriving from Qualcomm’s pricing and licensing tactics, despite the perceived injustices felt by Qualcomm’s rivals. Einhorn advises against regulatory intervention in these instances, noting that “the satisfaction of consumer needs should be the ultimate yardstick of competition policy"""

In this second series of A Healthy Market? publications, the Stockholm Network will provide a political and economic overview of the current state of play of health technology assessment (HTA). As a whole, the series will focus both on the political motivations and economic rationale of HTA. Among other things, it will highlight the gap between the theory and practice of HTA, as well as the extent to which the HTA process is exercised by the different national bodies. The paper below is an introductory definition of HTA.

A comprehensive account of the Stockholm Network`s activties, publications, sponsors and supporters, membership and achievements.

Once seen as a technical issue mostly debated within the circles of information technology geeks and the legal community, the topic of digital rights management (DRM) has now become a mainstream subject in policy and legal debates in Europe, both at the nation state and European Union levels. Why Digital Rights Management looks at the state of the DRM debate in Europe, and asks whether DRM is a legitimate extension of IP owners' rights, and if so, what, if any, response policy makers should have to its growing application.

Reform of the strategic aims behind the Lisbon agenda is required to ensure European businesses do not continue to lag behind the US and the Far East. A new report by the leading think tank, The Stockholm Network, recommends that a 2007 Lisbon Directive is established to monitor progress and provide more measurable goals and timelines.

Having proven its utility in the United Kingdom, the third sector is spreading around Europe; taking examples of success and failures this paper provides an analysis of the Third Sector and demonstrates how it can help public services in their quest for universal health-care.