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Innovation in medical biotechnology: Mapping the intersection of intellectual property and competition law

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Nielsen, JL (2007) Innovation in medical biotechnology: Mapping the intersection of intellectual property and competition law. Australian Business Law Review, 35 (6). pp. 407-433. ISSN 0310-1053

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Abstract

Intellectual property and competition law are often perceived as being in
conflict. This is evidenced by a lengthy struggle to identify an appropriate
balance between these areas of law. While it is generally recognised that the
two bodies of law are reconcilable, areas of difficulty persist. New
technologies have given rise to novel challenges at the intersection of
intellectual property and competition law. One industry that possesses the
distinctive traits of a high technology industry is medical biotechnology. This
industry is highly innovative and, increasingly, industry participants are
seeking to commercialise their research results through patenting. This has
resulted in an industry that relies heavily on patent protection. This article
seeks to consider in broad terms the role that competition law should have in
promoting innovation in medical biotechnology, and how this role should be
reconciled with the function of patents in this industry.

Item Type: Article
Journal or Publication Title: Australian Business Law Review
Publisher: Thomson Lawbook Co
Page Range: pp. 407-433
ISSN: 0310-1053
Date Deposited: 07 Apr 2008 14:44
Last Modified: 18 Nov 2014 03:36
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