Please use this identifier to cite or link to this item: https://hdl.handle.net/10419/299363 
Year of Publication: 
2024
Series/Report no.: 
Research Paper No. 197
Publisher: 
South Centre, Geneva
Abstract: 
The COVID-19 crisis intensified decade-long debates on the interaction between intellectual property rights (IPRs), competition law and access to affordable life-saving treatments and vaccines. Compulsory licensing of patented medicines is a tried-and-tested method to expand access, particularly in a situation of "national emergency or other circumstances of extreme urgency" within the meaning of Article 31(b) of the TRIPS Agreement. Some legislations, such as European competition law, offer a toolbox for curbing the exercise of IPRs if they would be found in conflict with certain competition rules, such as rules prohibiting excessive pricing by dominant undertakings. The paper analyses the interface between intellectual property law and competition law in general, moving on to the settled case law of the Court of Justice of the European Union (CJEU) on this matter. It provides a general overview of legal and economics arguments related to excessive pricing prohibition and the main case law of European competition law on the matter and discusses whether compulsory licensing as a remedy against excessive pricing of patented life-saving pharmaceutical products can be a viable and appropriate remedy. Finally, the paper offers policy recommendations relating to compulsory licensing based on excessive pricing.
Subjects: 
Access to Medicines
Access to Vaccines
Affordable Medicines
Article 31 TRIPS
Competition Law
Compulsory Licenses
Compulsory Licensing
COVID-19
Essential Mediciness
European Union (EU)
Innovation
Intellectual Property
Intellectual Property Rights (IPRs)
Pandemic
Patent
Pharmaceuticals
Public Health
TRIPS
TRIPS Agreement
TRIPS Flexibilities
TRIPS Waiver
Vaccines
Document Type: 
Research Report
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