Washington Journal of Law, Technology & Arts

Volume 12  | Symposium 2017  | Number 3

Future of Innovation in Medicine: Incentives for New Medical Treatments and Global Health

The Right Honorable Professor Sir Robin Jacob
12 Wash. J.L. Tech. & Arts  211

11/17/2017

Intellectual Property

The Future of Innovation in Medicine Conference (“Conference”) proceedings contained in this Symposium Issue are about the problem of incentivizing research into new uses for established medicines. Putting the problem into the wider context of financing pharma research generally gives an important perspective. 

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The Patent and Non-Patent Incentives for Research and Development on New Uses of Known Pharmaceuticals in Japan

Toshiko Takenaka
12 Wash. J.L. Tech. & Arts  219

11/17/2017

Intellectual Property

Japan is one of most innovative drug manufacturer-friendly countries because it revised its patent and drug regulation systems for providing patent and non-patent incentives for new use and treatment R&D based on its pro-patent and pro-medical science policies. This article provides an overview of the pharmaceutical industry and examines patent and non-patent incentives for drug R&D in focusing on incentives for developing new uses of and treatments for known drugs from a comparative law perspective. After discussing the difficulties in establishing infringement and in obtaining injunctions against generic drug manufacturers who infringe new use product patents, the article reviews measure Japanese scholars have proposed to help secure incentives for new use and treatment R&D and proposes an alternative solution.

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Infringement of Swiss-Type Second Medical Use Patent Claims in Germany – Recent Developments in Case Law

Dr. Matthias Zigann
12 Wash. J.L. Tech. & Arts  245

11/17/2017

Intellectual Property

Following recent regional court decisions on the infringement of second medical use patent claims, the German concept of manifest arrangement—previously believed to provide a safe harbor for generic pharmaceutical companies as long as they skinny-labeled their products—may be subject to a new interpretation. The German decisions are part of a Europe wide series of decisions on the same or similar subject matter and prove to be patent owner friendly.

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Innovation in Known Drugs – The European Angle

Dr. Galit Gonen
12 Wash. J.L. Tech. & Arts  253

11/17/2017

Intellectual Property

Research into new uses for known drugs should be encouraged because the “repurposing” of known drug molecules can be a highly effective route of innovation for pharmaceutical companies. Investment in the development of these products should be rewarded. However, incentives that are designed to reward innovation must be in line with the size and value of the innovation in order to maintain a sustainable balance between incentivizing research and developing and encouraging a competitive market. In the context of encouraging innovation of new uses for known drugs, factors that facilitate access to drug development and innovation should also be considered in addition to incentives.

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Future Of Innovation In Medicine: Incentives For New Medical Treatments And Global Health

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12 Wash. J.L. Tech. & Arts  293

11/17/2017

Intellectual Property

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