Monopoly v. Openness:Two sides of IP coin in the pharmaceutical industry


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.

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Divisions: College of Business and Social Sciences > Aston Business School
College of Business and Social Sciences > Aston Law School
Additional Information: © 2017 The Authors. The Journal of World Intellectual Property © 2017 John Wiley & Sons Ltd. This is the peer reviewed version of the following article, which has been published in final form at This article may be used for non-commercial purposes in accordance with Wiley Terms and Conditions for Self-Archiving.
Uncontrolled Keywords: patents; the pharmaceutical industry; access to medicines; open innovation.
Publication ISSN: 1422-2213
Last Modified: 06 May 2024 07:22
Date Deposited: 30 Nov 2017 13:50
Full Text Link: http://doi.wile ... 1111/jwip.12081
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PURE Output Type: Article
Published Date: 2017-09-28
Accepted Date: 2017-09-28
Authors: Gurgula, Olga



Version: Accepted Version

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