Regulated Arbitrage and Parallel Importation of Trademarked Pharmaceuticals in the European Union
Patrick S. Ryan
Catholic University of Leuven (KUL) - Interdisciplinary Center for Law and Information Technology (ICRI); Google Inc.; University of Colorado at Boulder, Interdisciplinary Telecommunications Program
Boletín Mexicano de Derecho Comparado, No. 111, pp. 1011-1046, Winter 2004
The pharmaceutical market in Europe, in its present circumstances, is not organized according to the principles of free trade to which other products are subjected. Under this situation, the owners of trade-marks have tried to develop price and market strategies consistent with their interests and with their commercial plans. This article (written in Spanish) examines the adjustment of conflicts of interests that have developed between protectionism and free trade within the pharmaceutical sector, which includes matters related to economic policies and legal regulation. The author analyzes the Act on Intellectual Property of the European Union and studies the rights of those who own a trade-mark, seeking to avoid the re-labeling of parallel importers.
Note: Downloadable document is in Spanish.
Number of Pages in PDF File: 36
Keywords: trade-marks, arbitration, free trade, protectionism, intellectual property, europoean union, paranova, bristol-myers, blister packaging
JEL Classification: O34, K10, K34
Date posted: December 9, 2004