Keywords
invention, patent, medicinal products, reimbursement
Abstract
This paper relates to patent infringements on second medical use in the light of competition law and the reimbursement system. It is inspired by two recent rulings delivered by English and Dutch courts. They have considered whether the sale of generic drugs may be regarded as an infringement of a patent relating to a second medical use (not indicated on the labels) in situations where the facts of the case showed that these drugs have actually been used in a way covered by this patent (ie. off-label use). In the light of these rulings, the main purpose of this paper is to answer the question whether it is appropriate, in the light of competition law, to limit the scope of the patent on second medical use in situations where drugs based on the substance are subject to reimbursement, in order to provide wider access to these drugs to patients.
Recommended Citation
Świerczyński, M. (2016). Patent infringements on second medical use in the light of the reimbursement system. internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation), 5(8), 8-19. https://doi.org/10.7172/2299-5749.IKAR.8.5.1
First Page
8
Last Page
19
Page Count
11
DOI
10.7172/2299-5749.IKAR.8.5.1
Publisher
University of Warsaw
