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Curbing Drug Evergreening Using Competition Law




Gladys Geethanjali S, VIT School of Chennai


ABSTRACT


The concept of evergreening of patents is adopted by the pharmaceutical industry to extend patent protection through minor modifications of existing drugs. This has caused significant debate regarding the impact on market competition and consumer access to affordable drugs. This paper examines the interface between competition law and patent laws, in order to understand how practices that lead to monopolistic dominance, possibly stifling innovation and delaying the entry of generic alternatives, can be mitigated hand-in-hand. Furthermore, it explores the legal frameworks and judicial doctrines in the jurisdiction of the United States, European Union and India. It seeks to find the effectiveness of the current competition laws in addressing patent manipulation to balance the protection of genuine pharmaceutical innovations and public welfare.



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Indian Journal of Law and Legal Research

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Abbreviation: IJLLR

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ISSN: 2582-8878

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Website: www.ijllr.com

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Accessibility: Open Access

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License: Creative Commons 4.0

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Submit Manuscript: Click here

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Licensing: ​

 

All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

Disclaimer:

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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