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Author: Olga Gurgula

Abstract: The pharmaceutical industry extensively relies on the patent system. It actively lobbies for the strengthening of patent protection of its medical products and the results of its efforts may be found in the majority of bilateral and multilateral agreements, including the TRIPS and the most recent TPPA, augmented by private patent strategies pursued by pharmaceutical companies. However, some recent developments show the emerging tendency of implementing different business models by pharmaceutical companies that may mark the beginning of transformation of this industry. Among these developments is an ‘open innovation’ model, which has increasingly been followed by some research institutions and pharmaceutical companies aiming at facilitating the creation of new and affordable medicines, as well as providing transparency in order to enhance safety and efficacy of drugs. This article will discuss these two current developments in the pharmaceutical industry, i.e. strong IP protection against open innovation.

Citation: Gurgula, Olga, Monopoly v. Openness: Two Sides of IP Coin in the Pharmaceutical Industry (June 23, 2017). Forthcoming, Journal of World Intellectual Property.

Full paper on SSRN: https://ssrn.com/abstract=2991642