FTO (Freedom to Operate) in the Pharmaceutical Industry

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 pe...

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Bibliographic Details
Main Author: Nonaka, Hirotaka (auth)
Format: Electronic Book Chapter
Language:English
Published: Nomos Verlagsgesellschaft mbH & Co. KG 2018
Series:Munich Intellectual Property Law Center - MIPLC
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Summary: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.
ISBN:/dx.doi.org/10.5771/9783845294018
9783845294018
Access:Open Access