FTO (Freedom to Operate) in the Pharmaceutical Industry
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https://www.nomos-elibrary.de/10.5771/9783845294018Auteur
Nonaka, Hirotaka
Language
EnglishRésumé
FTO licensing in the pharmaceutical industry deserves special consideration because of the large economic scale of the market, expensive cost of R&D, extremely low success rate, and easy duplication of the drug. Taking these unique aspects into consideration, the author first explaines how to perform a good FTO search and conclude an appropriate FTO licensing agreement, and then points out two issues; (i) the issue of FTO licensing and EU competition, especially the unreasonable application of the Guideline, and (ii) the issue of FTO licensing and differentiating between a bio venture company and a pharmaceutical company. Solutions for these issues are proposed.
Keywords
FTO; pharmaceutical industry; Freedom to Operate; antitrust law; FTO-licensing market; Patent; License; Pharmaceutical; EU competition lawISBN
9783845294018Publisher
Nomos Verlagsgesellschaft mbH & Co. KGPublisher website
https://www.nomos.de/Publication date and place
2018Series
Munich Intellectual Property Law Center - MIPLC,Classification
Law