Pharmaceutical sector reports and conclusions
I have dedicated a depressing amount of time over the last couple of days to the Pharmaceutical Sector Inquiry conducted by the Commission in 2008-2009. The final report was released in July 2009 and therefore I feel I am even slightly late in taking this matter seriously.
However, there doesn’t appear to be much activity around this report yet, so I am confident there is still time.
Because the pharmaceutical industry is often discussed from a perspective of access to medicines in third world nations, this study brings in an enlightening perspective of abuse of dominant situations on the European inner market. I have tried to compile a series of recommendations for the Pirate Party on euwiki.org.
An idea I had briefly was a comparison of the replies to the public consultation on the preliminary report conducted last winter by the Commission, but I must admit that after checking most NGOs, generics, individuals and government agencies I was too tired when I reached the originator and miscellaneous companies sections to devote myself to it. Could anyone help me? I put some of my preliminary thoughts at the wiki.
The most present conclusion of the Commission, also supported by generic companies, originator companies as well as consumer organisations, seems to be the establishment of a cost efficient EU patent which would decrease the cost of litigation and ultimately also medicines. However, the governance of such an EU patent is far from obvious, and I’ve collected some random thoughts here. There is also more (or any ;)) work to be done on this dossier. This suggestion keeps coming up when I try discussing the EU patent with Erik Josefsson. The polluter pays-model would be ideal for the patent system and is also consistent with one of the HAI proposals for the pharmaceutical market.
However, I would also like to find support for a) specialised patent courts being bad (this is a suggestion that needs to be added and summarized at the wiki) and b) an EPO opinion on the mingling of the EPO and EU jurisdictions. Perhaps this is also a case where I could ask my readers to help?