Abstract
This is a dissertation submitted by me for my Masters of Law at Queen Mary University of London. It is a comprehensive study of the pharmaceutical sector in relation to consumer protection whilst considering the excessive price affliction on the availability of affordable health services. It focus on anti-competitive agreements like cartels, parallel pricing, predatory pricing by pharmaceutical companies including other aspects under competition law and patients being fettered by patents under intellectual property laws. Drugs being an essential commodity have been part of unfair-trade practices and its implication is leading to extensive price discrimination on a global level. The study highlights the outlook of World Health Organization, Medicines Sans Frontiers and other organizations on international price discrimination and ban of several drugs in various countries while consumption in other leading to disparity in health care. This will involve the legal steps initiated by the international organizations for consumer welfare. It will be a comparative analysis of implementation of laws in different jurisdictions for availability of drugs at fair price which will include the legal hurdles in promotion and adoption of low-cost generic drugs by various jurisdictions. The primary objective of this dissertation is capitalist approach of pharmaceutical companies in defeating the larger public interest and the discrepancies of law leading to ethical misconducts. Context • Chapter I Medicines and analysis of problems related to Pharmaceutical sector 1.1 The significance and need for medicines 1.2 Types of medicines present in the market and their features 1.3 Participants involved in the pharmaceutical markets 1.4 Pricing and accessibility 1.5 Examining the instances related to patents in Pharmaceutical sector • Chapter II Overview of IP Laws in the Pharmaceutical sector 2.1 The role of IP Laws and the theory of innovation (Protection of Patentee) 2.2 Evergreening as distinctive innovation 2.3 Strategic patenting by Pharmaceutical Companies 2.4 Effect on the pricing of drugs and the availability of generic medicines due to patent protections 2.5 Role of TRIPS Agreement created by WTO • Chapter III Overview of Competition Law in Pharmaceutical sector 3.1 Meaning and its liaison with IP Laws 3.2 Relevant market for pharmaceuticals 3.3 Coherence of IP Laws and Competition Law 3.4 Predatory pricing and Strategic patenting 3.5 Other anti-competitive agreements • Chapter IV International directives on Pharmaceutical sector 4.1 Guidelines for developing countries 4.2 Jurisdictional analysis 4.2.1 EU 4.2.2 USA 4.2.3 India 4.3 WHO • Conclusion
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