New Horizons in Intellectual Property series
Chapter 5: Core IP Interests and the Organizational Structure of the Advanced Pharmaceutical Industry in Europe
INTRODUCTION 5.1 The fact that IPRs provide a powerful incentive for collective action in the advanced pharmaceutical industry in Europe was established in the previous chapter. This chapter identiﬁes the speciﬁc IP objectives of the advanced pharmaceutical industry in Europe, and, more importantly, describes the organizational structure through which the industry pursues its IP interests.1 It demonstrates the high levels of uniformity and cooperation among pharmaceutical MNCs regarding IPRs. First, the chapter identiﬁes the primary IP interests of the advanced pharmaceutical industry in Europe. The focus here is on interests per se and not on the strategies and activities taken by the industry in order to secure these interests (elaborated in Chapter 8). Second, it maps the intra-industry (vertical) IP organizational structure of the advanced pharmaceutical industry in Europe, at the national, regional and international levels. Third, it identiﬁes the inter-industry (horizontal) IP build-up, through which European-based pharmaceutical MNCs coordinate their position with dominant ʻplayersʼ from other industries, such as chemical and software companies. Particular emphasis is placed on the ability of pharmaceutical MNCs to preserve their position and dominance throughout the different levels of intra-industry and inter-industry IP organizational structure. It should be noted, however, that although the author aims to provide detailed and precise information regarding the speciﬁc structures dealing with IPRs (of industry and government) during the period 1995 to 2000, some of these structures might have changed their names or their functions. 5.2 PRIMARY IP INTERESTS: SECURING AND MAINTAINING A STRONG...
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