Patent Infringements On Second Medical Use In The Light Of The Reimbursement System,
2016
Dr hab. nauk prawnych, prof. UKSW, adwokat, counsel w KRK Kieszkowska Rutkowska Kolasiński
Patent Infringements On Second Medical Use In The Light Of The Reimbursement System, Marek Świerczyński
internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)
This paper relates to patent infringements on second medical use in the light of competition law and the reimbursement system. It is inspired by two recent rulings delivered by English and Dutch courts. They have considered whether the sale of generic drugs may be regarded as an infringement of a patent relating to a second medical use (not indicated on the labels) in situations where the facts of the case showed that these drugs have actually been used in a way covered by this patent (ie. off-label use). In the light of these rulings, the main purpose of this paper …
Evaluation Of Pre-Accession State Aid In The Energy Sector. Case Comment To The Judgment Of The Court Of Justice Of 1 October 2015 Electrabel Sa, Dunamenti Erőmű Zrt. V European Commission (Case C 357/14 P),
2016
Assistant professor, Pázmány Péter Catholic University, of counsel Réczicza Dentons Europe LLP
Evaluation Of Pre-Accession State Aid In The Energy Sector. Case Comment To The Judgment Of The Court Of Justice Of 1 October 2015 Electrabel Sa, Dunamenti Erőmű Zrt. V European Commission (Case C 357/14 P), Tihamer Toth
Yearbook of Antitrust and Regulatory Studies
No abstract provided.
Table Of Contents,
2016
Wydział Zarządzania Uniwersytetu Warszawskiego/Faculty of Management University of Warsaw
Table Of Contents
internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)
Table of contents
Legal Framework Governing Medicinal Advertisement In The Internet – A Critical Analysis,
2016
Magister prawa na Wydziale Prawa i Administracji Uniwersytetu Gdańskiego
Legal Framework Governing Medicinal Advertisement In The Internet – A Critical Analysis, Mikołaj Rajca
internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)
Advertising medicinal products en bloc generates a great deal of heated debate among professionals of various scientific orientations. In spite of this fact, on 2 July 2016, the Polish Minister of Health issued an ordinance summoning a special committee with the objective of preparing certain recommendations and references concerning, among others, advertising of medicinal products, dietary supplements and medical devices. The following article is structured so as to critically asses and analyze the legal framework governing the advertisement of medicinal products, with emphasis on their on-line advertisement. Particular significance is placed on: 1) the issue of pharmaceutical spam, including a …
Distance Selling Of Medicinal Products – National Legislation,
2016
Wydział Zarządzania Uniwersytetu Warszawskiego/Faculty of Management University of Warsaw
Distance Selling Of Medicinal Products – National Legislation, Zbigniew Więckowski
internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)
The subject matter of this article concerns the question of distance selling of medicinal products considered from the perspective of national legislation. The author analyzes in detail the provisions of the Polish Pharmaceutical Law and the Ordinance of the Minister of Health of 26 March 2015 on mail-order sales of medicinal products in order to find the answer to the question why pharmacists show little interest in further developing this distribution channel for medicine. The author focuses also on the analysis of the provisions governing mail-order sales of medicines in terms of ensuring patient safety.
Limitations Of Internet Sales Of Otc Veterinary Medicinal Products,
2016
Adwokat w KRK Kieszkowska Rutkowska Kolasiński
Limitations Of Internet Sales Of Otc Veterinary Medicinal Products, Magdalena Bąkowska
internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)
The article presents binding legal provisions on the retail distribution and mail-order sales of veteri-nary medicinal products, which are the basis of the interpretations used by the Polish veterinary inspection and administrative courts whereby Internet sales of OTC veterinary medicinal products are not allowed under Polish law. The paper presents the legal background of this issue in order to assess the correctness of existing jurisprudence in this case. Additionally, the article comments on the expected changes to existing law in this field drafted at the EU level.
Dispute About Homeopathy (Or Who Rules The Market?),
2016
Wydział Zarządzania Uniwersytetu Warszawskiego/Faculty of Management University of Warsaw
Dispute About Homeopathy (Or Who Rules The Market?), Jarosław Sroczyński
internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)
The article discusses the effects of rulings issued by the Court of Competition and Consumer Protection (SOKiK) and the Court of Appeal concerning homeopathy upon the scope of the powers of medical self-government to regulate markets. The author provides an analysis of these powers on the basis of competition law, since the latter intersects with pharmaceutical law and laws regulating the professional activities of doctors. The author draws attention to the fact that depriving the competition authority – the UOKiK President – of the power to scrutinize the activities of professional self-government bodies may lead to adverse effects for competition …
Anti-Competitive Agreement Between Undertakings On The Domestic Market Of In-Vitro Fertilization Services. Case Comment To The Decision Of The President Of The Offi Ce Of Competition And Consumer Protection (Uokik) No. Rlo 4/2016 Of 1 September 2016,
2016
Aplikant adwokacki w KRK Kieszkowska Rutkowska Kolasiński
Anti-Competitive Agreement Between Undertakings On The Domestic Market Of In-Vitro Fertilization Services. Case Comment To The Decision Of The President Of The Offi Ce Of Competition And Consumer Protection (Uokik) No. Rlo 4/2016 Of 1 September 2016, Emilia Kasjanowicz
internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)
Anti-competitive agreement between undertakings on the domestic market of in-vitro fertilization services. Case comment to the decision of the President of the Office of Competition and Consumer Protection (UOKiK) No. RLO 4/2016 of 1 September 2016
Pay-For-Delay Agreements As “By Object” Violations Of Competition Law. Case Comment To The Judgment Of The General Court Of 8 September 2016 In Case T-472/13 H. Lundbeck A/S And Lundbeck Ltd V. European Commission,
2016
Pracownik Departamentu Ochrony Konkurencji w UOKiK
Pay-For-Delay Agreements As “By Object” Violations Of Competition Law. Case Comment To The Judgment Of The General Court Of 8 September 2016 In Case T-472/13 H. Lundbeck A/S And Lundbeck Ltd V. European Commission, Paulina Wosik
internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)
No abstract provided.
Institutions Of The Pharmaceutical Market, Ed. R. Stankiewicz, Wolters Kluwer, Warsaw 2016,
2016
Zakład Europejskiego Prawa Gospodarczego WZ UW.
Institutions Of The Pharmaceutical Market, Ed. R. Stankiewicz, Wolters Kluwer, Warsaw 2016, Tadeusz Skoczny
internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)
No abstract provided.
Table Of Contents,
2016
Wydział Zarządzania Uniwersytetu Warszawskiego/Faculty of Management University of Warsaw
Table Of Contents
internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)
Table of contents
Trademarks: German Manufacturer’S Deliberate Infringement Of Domestic Trademark Sufficient To Support Injunctive Relief, But Not Supportive Of Award For Damages,
2016
University of Georgia School of Law
Trademarks: German Manufacturer’S Deliberate Infringement Of Domestic Trademark Sufficient To Support Injunctive Relief, But Not Supportive Of Award For Damages, Kimley R. Johnson
Georgia Journal of International & Comparative Law
No abstract provided.
Deepwater Port Act Of 1974: Some International And Environmental Implications,
2016
University of Georgia School of Law
Deepwater Port Act Of 1974: Some International And Environmental Implications, James H. Gnann Jr.
Georgia Journal of International & Comparative Law
No abstract provided.
China’S Withdrawal Of Article 96 Of The Cisg: A Roadmap For The United States And China To Reconsider Withdrawing The Article 95 Reservation,
2016
University of Miami Law School
China’S Withdrawal Of Article 96 Of The Cisg: A Roadmap For The United States And China To Reconsider Withdrawing The Article 95 Reservation, Pan Zhen
University of Miami Business Law Review
The United Nations Convention on Contracts for the International Sale of Goods (CISG) was created for the purpose of providing legal neutrality and certainty, and also for the purpose of avoiding choice of law issues in international sales of goods. However, the United States and China, the two largest trading nations in the world, made the Article 95 reservation at the time they ratified the CISG, therefore restricting CISG’s applicability in certain situations. In 2013, China withdrew its Article 96 reservation, which declares its non-recognition of free form of contract formation, taking one step closer to the vast majority of …
Guest Lecture By Professor Michael Jacobs, “The Durability Of The Chicago School In Antitrust: What Accounts For It?”,
2016
Katedra Prawa Gospodarczego Publicznego,Wydział Prawa, Uniwersytet w Białymstoku
Guest Lecture By Professor Michael Jacobs, “The Durability Of The Chicago School In Antitrust: What Accounts For It?”, Anna Tworkowska-Baraniuk
internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)
Guest seminar
Local And State Governments Are Taking The Stage When It Is Fda's Curtain Call - Are Local And State Governments' Safety Warnings Preempted By Federal Law?,
2016
Michigan State University, East Lansing
Local And State Governments Are Taking The Stage When It Is Fda's Curtain Call - Are Local And State Governments' Safety Warnings Preempted By Federal Law?, Melissa M. Card
Journal of Food Law & Policy
Eliminated from fad diets, sworn off by celebrities, and frantically reformulated out of processed foods, added sugars have been deemed the new nutritional scoundrel. Recent studies from the American Heart Association, the World Health Organization, and the American Cancer Association demonstrate that the consumption of added sugar leads to increased risks of obesity, diabetes, heart disease, and gout. While all foods containing added sugar are deemed unhealthy, Sugary-Sweetened Beverages ("SSBs") are said to be especially toxic by the American health community, by virtue of these beverages' being excessively high in added sugar content, low in satiety, and incomplete in compensation …
State-Action Immunity And Section 5 Of The Ftc Act,
2016
University of Michigan Law School
State-Action Immunity And Section 5 Of The Ftc Act, Daniel A. Crane, Adam Hester
Michigan Law Review
The state-action immunity doctrine of Parker v. Brown immunizes anticompetitive state regulations from preemption by federal antitrust law so long as the state takes conspicuous ownership of its anticompetitive policy. In its 1943 Parker decision, the Supreme Court justified this doctrine, observing that no evidence of a congressional will to preempt state law appears in the Sherman Act’s legislative history or context. In addition, commentators generally assume that the New Deal court was anxious to avoid re-entangling the federal judiciary in Lochner-style substantive due process analysis. The Supreme Court has observed, without deciding, that the Federal Trade Commission might …
Beyond Trade Deals: Charting A Post-Brexit Course For Uk Investment Treaties,
2016
Columbia Law School, Columbia Center on Sustainable Investment
Beyond Trade Deals: Charting A Post-Brexit Course For Uk Investment Treaties, Lise Johnson, Lorenzo Cotula
Columbia Center on Sustainable Investment Staff Publications
The Brexit referendum has raised questions about the future terms of the United Kingdom’s engagement with the world economy. While a debate over the UK’s future approach to trade deals has already begun, a similar discussion has yet to develop on the treaties that govern foreign investment. As this briefing note by Lorenzo Cotula of the International Institute for Environment and Development, and Lise Johnson of CCSI highlights, the stakes are high: ill-designed treaties could leave the UK excessively exposed to legal claims by foreign companies and could fail to address relevant economic, social and environmental challenges. While meaningful negotiations …
Moving Towards Harmonization Of The Food Safety Standards: Role Of The Tpp And Ttip Agreements,
2016
University of Arkansas, Fayetteville
Moving Towards Harmonization Of The Food Safety Standards: Role Of The Tpp And Ttip Agreements, Ksenia A. Petrovets
Journal of Food Law & Policy
We are now less dependent on locally available food resources that we have ever been. The continuing industrialization of food production, the advancement in technologies and the rapid development of supply chains granted us the luxury of immediate access to a variety of products originating from local supermarkets all over the world. This, along with the greater level of food production industrialization, inevitably comes the rise of related food safety risks. Because of the enlargement of producing operations, an emerging safety threat in one place may result in a foodborne illness outbreak thousands of miles away from its place of …
Will Consumers Be In The "Dark" About Labels On Genetically Engineered And Modified Foods?,
2016
Western Michigan University, Lansing
Will Consumers Be In The "Dark" About Labels On Genetically Engineered And Modified Foods?, Hilary Nat
Journal of Food Law & Policy
In the 1900s, the United States began to sell genetically engineered foods. One of the first genetically engineered foods sold in the United States and approved by the Food and Drug Administration (FDA) was the Flavr Savr tomato. The tomato's genetic structure was modified to prevent softening which allowed it to ripen after being picked. In the United States, statistics demonstrate that 92% of com, 94% of soybeans, and 94% of cotton sold is genetically engineered. In addition, it is estimated that 75% of the processed foods sold in supermarkets around the United States contain ingredients that are products of …
