International Journal of Law


International Journal of Law
International Journal of Law
Vol. 7, Issue 2 (2021)

Patents rights over a drug and regulation by cci


Priyal Jain

The pharmaceutical sector in any economy fulfils one of the basic element of health, comprising of the Maslow’s Hierarchy of needs, which comprises of safety requirements. This psychological analysis reveals that the pharmaceuticals industry directly impacts the lives of the consumers and necessitates governmental regulation. The increasing mergers in the pharmaceutical sector entail industry specific competition issues where the difficulty lies in determining the post-merger impacts on innovation, which is antithetical to consumer welfare and competition. This paper analyses the manner in which the innovation, consumer welfare and effective competitive practices can only be implemented through regulation by the competition commission. In order to effectuate this reasoning the anti-trust merger analysis by the way of economic and legal tests requires a starkly different approach due to the high technology nature of the pharmaceutical industry. The unrelenting proliferation of patent rights through mergers and acquisitions poses a substantial setback to the market entry and innovation in various sectors of the economy. The panacea to the issue of patent thickets lies in conflict management which can be best suited to efficient exercise of powers by the competition authorities to identify and remedy patent thickets, through a cogent understanding of the methodology adopted in patent pools, cross licensing and compulsory licensing which ostensibly project the violation of the laws laid down by the anti-trust regime. These issues of innovation can be effectively remedied by an inter-disciplinary analysis, which can only be materialized through the competition commission by addressing the specific requirements of the pharmaceutical industry.
Pages : 196-201 | 28 Views | 14 Downloads