PIJIP Projects: Access to Medicines, Competition Policy Project
PIJIP is building a competition law and intellectual property backup project to provide economic and legal research and analysis to support access to medicines activists around the world. This project will (1) commission expert economic and legal research into competition law theories that support access to needed medicines in developing countries, (2) sponsor international conferences and meetings to test and share ideas at the intersection of intellectual property, competition law and access to medicines, and (3) disseminate the knowledge created through these activities through publications, a dedicated website, webcasts and podcasts of meetings and through other means.
Recent PIJIP Scholarship
- Sean Flynn. Using Competition Law to Promote Access to Knowledge. From Intellectual Property to Access to Knowledge. Zone Press. Forthcoming. (2008).
- Sean Flynn, Aidan Hollis and Mike Palmedo. An Economic Justification for Open Access to Essential Medicine Patents in Developing Countries. Journal of Law, Medicine & Ethics. Forthcoming. (2008).
South African Activists File Competition Complaint Against Merck for Refusal to License Efavirenz Patents
- Statement of Complaint
- Legal Submissions
- PIJIP Analysis by Sean Flynn. Summary of the South Africa Competition Complaint Against Merck, Filed Nov. 6, 2007
- Treatment Action Campaign National Executive Committee Resolution on the Complaint before the Competition Commission of South Africa
Abbott's Refusal to Register New Products in Thailand (2007)
- Sean Flynn. Considering Competition Complaints Against Abbott in Thailand - a brief explanation of potential legal arguments, (March 23, 2007).
- Sean Flynn. Considering Competition Complaints Against Abbott - questions and answers regarding a complaint, (March 23, 2007).
- Sean Flynn. Analysis of Thai Law on Government Use Licenses, (December 18, 2006).
KEI Complaint against Gilead (2007)
- Letter from James Love, Director, Knowledge Ecology International fo the Federal Trade Commission seeking an antitrust investigation against Gilead's Licensing Practices, (February 12, 2007).
- Sean Flynn and Swati Rawani. U.S. Jurisdiction to Prosecute Anticompetitive Licensing Practices that Impact Foreign Aid Programs, (April 3, 2007).
- Public Patent Foundation. PUBPAT Takes on Key HIV/AIDS Drug Patents: Non-Profit Submits Prior Art to U.S. Patent Office and Asks For Revocation of Four Gilead Sciences Patents, (March 26, 2007).
Documents from Hazel Tau v. GSK, et. al. (2003)
- South Africa Competition Commission Order on Abuse of Dominance by Essential Patent Holders
- Settlement of SA Competition Case Licensing Generic Drug Manufacturers for Sub-Saharan Africa
- Settlement TAC and Boehringer Ingelheim
- Settlement of TAC and GSK
- Aids Law Project Links on Settlement Agreements
Announcements of Compulsory Licenses Issued by the Italian Antitrust Authority
- Antitrust Authority rules Merck Must Grant Free Licenses for the Active Ingredient Finasteride
- Antitrust Obliges Merck to License Manufacture of the Antibiotic Imipenem Cilastatina
Selected Competition Legislation
- Kenya:The Restrictive Trade Practices, Monopolies and Price Control Act, Chapter 504
- South Africa: Competition Act
- Brazil: Brazilian antitrust law (Law N� 8.884/94)
- Thailand: Competition Act, 1999
- India: The Competition (Amendment) Bill, 2006
- Abuse of Dominance Provisions in Selected Competition Laws. (PIJIP document prepared by Swati Rawani, Feb. 2007)
- Essential Action
- Health GAP
- Knowledge Ecology International (Formerly Consumer Project on Technology)
- Oxfam America
Working group on Competition & Access to Medicines
On February 15, 2007, PIJIP organized the first meeting of the Working Group on Competition and Access to Medicines. The meeting was attended by PIJIP, Knowledge Ecology International (Formerly Consumer Project on Technology), Essential Action, Oxfam America, Health GAP and the AIDS Law Project South Africa. The meeting discussed KEI's recent complaint to the FTC against Gilead and reviewed other documents and research on using competition law to promote access to medicines. The group resolved to convene future meetings on competition law and voluntary license terms for AIDS drug patents.