Articles and Studies

The TRIPS Agreement Article 73 Security Exceptions and the COVID-19 Pandemic

Author: 

Frederick M. Abbott

Research Paper 116, South Centre, Geneva (August 2020)

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Facilitating Access to Cross-Border Supplies of Patented Pharmaceuticals: The Case of the COVID-19 Pandemic

Author: 

Frederick M. Abbott and Jerome H. Reichman

Journal of International Economic Law (Oxford)(forthcoming Vol. 23, Issue 3, Sept. 2020)

 

Under the Radar: Reflections on ‘Forced’ Technology Transfer and the Erosion of Developmental Sovereignty

69 GRUR International 260 (2020)(Oxford), doi: 10.1093/grurint/ikz023

Technology Governance in a Devolved Global Legal Order: lessons from the China-USA strategic conflict

in A New Global Economic Order, Cheng Chia-Jui, et al, eds. (Brill/Nijhoff Publishers) (forthcoming 2020)

Frederick M. Abbott

Legislative and Regulatory Takings of Intellectual Property: Early Stage Intervention Against a New Jurisprudential Virus

by Frederick M. Abbott

in Intellectual Property and Development: Understanding the Interfaces, pgs. 21-35, C. Correa and X. Seuba (eds.), Springer 2019, https://doi.org/10.1007/978-981-13-2856-5_2

Public-Private Partnerships as Models for New Drug Development

Author: 

Frederick M. Abbott

Public-Private Partnerships as Models for New Drug Development: The Future as Now

by Frederick M. Abbott

Health and intellectual property rights

Author: 

Frederick M. Abbott

Health and intellectual property rights

by Frederick M. Abbott

in Research Handbook on Global Health Law, pp. 135 - 63, eds. G-L Burci & B. Toebes, Elgar 2018

The UK Competition Appeal Tribunal’s Misguided Reprieve for Pfizer’s Excessive Pricing Abuse

by Frederick M. Abbott

published in IIC - International Review of Intellectual Property and Competition Law

Volume 49, Number 7 (2018)

IIC (2018) 49:845-853

DOI 10.1007/s40319-018-0734-y

ISSN 0018-9855

Excessive Pricing and Sham Patent Litigation: The Pfizer and AbbVie Decisions

Inside Views: Excessive Pricing and Sham Patent Litigation: The Pfizer and AbbVie Decisions

by Frederick M. Abbott

Intellectual Property Watch - July 3, 2018

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US Section 301, China, and technology transfer: Law and its limitations revisited (again)

Author: 

Frederick Abbott

Book Review: Intellectual Property Rights and Climate Change

Author: 

F. M. Abbott

Book review by Frederick M. Abbott of WEI ZHUANG, Intellectual Property Rights and Climate Change: Interpreting the TRIPS Agreement for Environmentally Sound Technologies (Cambridge 2017), appearing in Journal of International Economic Law (Oxford 2018), online first

Let International Competition Negotiations Sleep a While Longer: Focus on Tools and Capacity

Author: 

Frederick M. Abbott

IIC - International Review of Intellectual Property and Competition Law, March 2018, Volume 49, Issue 3, pp 259–266, https://doi.org/10.1007/s40319-018-0683-5

Comment on the US Supreme Court Decision “Impression Products v. Lexmark International”, 35 U.S.C., §154(a)

Author: 

Frederick M. Abbott

Abbott, F.M. IIC (2017) 48: 889. DOI 10.1007/s40319-017-0645-3

IIC - International Review of Intellectual Property and Competition Law, Max Planck Institute for Innovation and Competition, November 2017, Volume 48, Issue 7, pp 889–896

The Evolution of Public Health Provisions in Preferential Trade and Investment Agreements of the United States

Bilateral, regional and plurilateral trade and investment agreements negotiated by the United States since the conclusion of the Uruguay Round of the General Agreement on Tariffs and Trade (GATT) limit public health regulatory autonomy. In negotiating plurilateral trade and investment agreements (PT&IAs), the immediate post-Uruguay Round negotiating objectives of the United States involved filling in perceived gaps left in the World Trade Organization (WTO) Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). This included expanding the minimum scope of patent subject matter coverage, adding specificity regarding the criteria of patentability, requiring patent term extension, expanding the scope of obligations regarding protection of regulatory data through marketing exclusivity requirements, and bringing intellectual property (IP) disputes within the sphere of investor to state dispute settlement (ISDS).

More recently, the PT&IA template advanced by the United States initiates a deeper intrusion into the public health regulatory arena.

Global Medicines Council, Briefing Paper No. 1 (2017)

Author: 

ed. F. M. Abbott

On August 16, 2017 the Global Medicines Council published its Briefing Paper No 1that encapsulates presentations, discussions and recommendations of its Inaugural Meeting held in Tallahassee, Florida on April 14-15, 2017. The ideas behind the Global Medicines Council were initially discussed in Geneva, Switzerland in 2011, and further elaborated in meetings in Tremblant, Canada. The formal establishment of the Global Medicines Council as a non-profit organization followed the Florida meeting.

China Policies to Promote Local Production of Pharmaceutical Products and Protect Public Health

Author: 

Frederick M. Abbott

Published by: Geneva: World Health Organization; 2017

Indian Policies to Promote Local Production of Pharmaceutical Products and Protect Public Health

Author: 

Frederick M. Abbott

Published by: Geneva: World Health Organization; 2017

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Brief of Amicus Curiae (Frederick M. Abbott) in Support of Petitioner in Impression Products v. Lexmark International, US Supreme Court, No. 15-1189, filed January 20, 2017

Author: 

Frederick M. Abbott

Download Amicus Brief here

 

Summary of Arument

Parallel Trade in Pharmaceuticals: Trade Therapy for Market Distortions

Author: 

Frederick M. Abbott

Pharmaceutical products are developed, approved, manufactured, traded, and used under complex and demanding regulatory schemes. While the intensity of regulation varies substantially among countries, lightly regulated markets are the exception, particularly from an economic standpoint. In this regard, pharmaceuticals are not generally traded in what might be described as a "free market" in the sense of absence of regulation, and this includes import restrictions which are generally consistent with the overall regulatory schemes. A drug that is not approved for marketing in a particular country does not become so because it is imported.

Parallel trade (i.e., imports and exports) in pharmaceuticals takes place in markets that are "distorted" by regulation.

Excessive Pharmaceutical Prices and Competition Law: Doctrinal Development to Protect Public Health

Author: 

Frederick M. Abbott

UC Irvine Law Review, Volume 6, Issue 3, pp. 281-320, Dec. 2016

This article is divided into two parts. The first addresses competition policy and why it is appropriate to develop the doctrine of excessive pricing to address distortions in the pharmaceutical sector. The second addresses the technical aspect of how courts or administrative authorities may determine when prices are excessive, and potential remedies.

The policy prescription of this article is twofold: first, the United States should incorporate excessive pricing doctrine in its antitrust arsenal, and; second, other countries should maintain the status quo with respect to multilateral competition rules that allow them flexibility to develop and refine doctrine, including excessive pricing doctrine, that is best suited to their circumstances and interests.

Submitted to Senate Finance Committee on March 3, 2016 in response to request feedback regarding the report on “The Price of Sovaldi and its impact on the U.S. Health Care System” of December 1, 2015 (Senate Print 114-20). Transmittal letter accompanies abstract and download.

Rethinking Patents: From ‘Intellectual Property’ to ‘Private Taxation Scheme’

Author: 

Frederick M. Abbott

in KRITIKA: ESSAYS ON INTELLECTUAL PROPERTY, vol. 1, pgs. 1-16 (eds. P. Drahos, G. Ghidini, H. Ullrich), Edward Elgar 2015

This essay addresses a fundamental issue, that is, the basis on which public discourse concerning patents takes place.

Trade in medicines

Author: 

Frederick Abbott

in Trade and Health: Towards building a National Strategy 117-40 (eds. R. Smith et al.), World Health Organization (2015)

This is a chapter of a book published by the World Health Organization to assist governments in developing trade strategies to promote public health.

The Generics Pathway in the USA: The American Experience, a Model for the World?

Author: 

Frederick M. Abbott

Collected Papers on the Pharmaceutical Industry of the National Autonomous University of Mexico (UNAM), forthcoming 2015

This paper was initially presented at the Annual Meeting of the Association of Latin American Pharmaceutical Producers (ALIFAR - Asociación Latinoamericana de Industrias Farmaceuticas) and the National Pharmaceutical Producers Association of Mexico (ANAFAM) in Mexico City in May 2012. It has been revised and updated for publication by the National Autonomous University of Mexico (UNAM) in a forthcoming collection (2015).

An Overview of the Agreement Contents and Features

Author: 

Frederick M. Abbott

Chapter in The ACTA and the Plurilateral Enforcement Agenda 31-45, eds. P. Roffe and X. Seuba, Cambridge Univ. Press (Dec. 2014)

Transfer of Technology and a Global Clean Energy Grid

Author: 

Frederick M. Abbott

Prepared for International Trade in Electricity and the Greening Economy
World Trade Forum, World Trade Institute, 26-27 September 2014
Paper as delivered September 27, 2014; to be revised for publication in 2014 World Trade Forum volume by Cambridge University Press

The LDC Medicines Extension Question: Contemplating next steps

Author: 

Frederick M. Abbott

Bridges Africa, Vol. 3, No. 8, pgs. 15-17 (International Centre for Trade and Sustainable Development, Geneva, Switzerland 2014)

The WTO previously authorised least developed country (LDC) members not to implement or enforce patent and regulatory data rules until January 1, 2016. Should LDCs seek renewal of the pharmaceutical-related extension at the TRIPS Council before it expires, or does the recent “general” extension for LDC implementation of the TRIPS Agreement until July 1, 2021 already cover the necessary ground?

Anti-Competitive Behaviours and the Remedies Available for Redress

Author: 

Frederick M. Abbott

in UNDP, Using Competition Law to Promote Access to Health Technologies: A guidebook for low- and middle-income countries 58-95 (ed. F. M. Abbott)(2014)

In this chapter, core doctrines of competition law generally applied by national authorities are reviewed.

The United States response to emerging technological powers

by Frederick M. Abbott

in Emerging Markets and the World Patent Order, eds. Frederick M. Abbott, Carlos M. Correa and Peter Drahos, Edward Elgar Publishing (Cheltenham UK and Northampton USA), 2013, pgs. 391-406

Emerging Markets and the World Patent Order: The forces of change

Author: 

Frederick M. Abbott, Carlos M. Correa and Peter Drahos

Chapter 1 of Emerging Markets and the World Patent Order, eds. Frederick M. Abbott, Carlos M. Correa and Peter Drahos, Edward Elgar Publishing (Cheltenham UK and Northampton USA), 2013, pgs. 3-33 (made available with permission of the publisher)

Review: The Trilateral Study on Health, Intellectual Property, and Trade: The Virtue in Paving a Cleared Roadway

Author: 

Frederick M. Abbott

Journal of International Economic Law, Vol. 16, No. 2, Pgs. 493-503 (Oxford University Press 2013)

This contribution reviews an important study—"Promoting Access to Medical Technologies and Innovation: Intersections between public health, intellectual property and trade" (the "Trilateral Study") jointly prepared by the Secretariats of the World Health Organization, World Intellectual Property Organization and World Trade Organization, and released in February 2013.

On the Duality of Internet Domain Names: propertization and its discontents

Author: 

Frederick M. Abbott

3 N.Y.U. JOURNAL OF INTELL. PROP. & ENT. LAW 1 (2013)

Domain names may have substantial economic and social value. They are often the object of dispute, whether based on allegations of abuse, or in contests over ownership. There is a recent judicial trend, particularly in the Court of Appeals for the Ninth Circuit, toward characterizing domain names as “property” (and more specifically, “intangible property”) subject to rules of sale and transfer typical of personal property. This judicial characterization identifies “alienability” as a fundamental characteristic of domain names. This sets up a real or potential conflict with jurisdictions or forums where domain names have been judicially or administratively characterized as “contract rights” based on the legal relationship between the domain name registrant and the registrar.

The Judgment in Novartis v. India: What the Supreme Court of India Said

The Judgment in Novartis v. India: What the Supreme Court of India Said

Trade Costs and Shadow Benefits: EU Economic Partnership Agreements as Models for Progressive Development of International IP Law

Author: 

Frederick M. Abbott

in EU BILATERAL TRADE AGREEMENTS & INTELLECTUAL PROPERTY FOR BETTER OR WORSE? (eds. J. Drexl, H. Grosse Ruse-Khan and S. Nadde-Phlix, Max Planck Institute Studies (Springer 2013)

This paper addresses the specific question whether “development-friendly” provisions incorporated in recent European Union (EU) economic partnership agreements (EPAs) may serve as models for the progressive development of international intellectual property law.

Respect for Copyright Sovereignty in Transit: The European Court of Justice Decision in the Joined Philips/Nokia Cases

Author: 

Frederick M. Abbott

FSU College of Law, Business and Economics Paper

The decision by the ECJ in Philips/Nokia is welcome on a number of grounds. The Court affirmed that each country has the sovereign authority to make and apply IP rules for its own territory, and that applying IP rules governing the domestic market of transit countries would impair that authority. The Court rejected the production fiction approach that had been adopted by the Dutch Supreme Court, and advocated by Phillips and the Belgian government in the joined Philips/Nokia proceeding.

Multilevel Governance Problems at the Intersection of Trade, Health and the ‘Global Knowledge Economy’

Multilevel Governance Problems at the Intersection of Trade, Health and the ‘Global Knowledge Economyin Multilevel Governance of Interdependent Public Goods 95 (E-U Petersmann ed.), EUI Working Papers, RSCAS 2012/23 (2012)Frederick M. AbbottThe Doha Declaration Plus Ten The year 2011 represents the 10th anniversary of the Doha Declaration on the TRIPS Agreement and Public Health.

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