TY - JOUR AU - Minn, Mari AB - 408 ARTICLE Journal of Intellectual Property Law & Practice, 2017, Vol. 12, No. 5 Excessive rewards and compulsory licensing: the essential facilities doctrine and strategic patenting practices in the European pharmaceutical industry Mari Minn* The author The value of patents and the risk of Mari Minn is a PhD student in Law and Technology at Scuola Superiore Sant’Anna di Pisa, excessive rewards Italy. She holds a LLM in European Intellectual Patents compensate inventors for lengthy R&D pro- Property Law from Stockholm University, Sweden. cesses and investments, providing incentives to inno- vate that must be balanced with the need of preserving This article effective competition. This rationale explains why pat- Although the number of patents within a patent ent ownership is not an absolute right, and why any portfolio is not problematic per se, issues may third party is eligible to perform tests and study the in- arise when the patent reward is excessive, as it vention even during the patent term. goes beyond the contribution made by the patent However, in the pharmaceutical industry, where owner. Excessive rewards are conducive to wide follow-on patenting practices are widely used to delay scope patent portfolios consisting of individual generic market entry, TI - Excessive rewards and compulsory licensing: the essential facilities doctrine and strategic patenting practices in the European pharmaceutical industry JF - Journal of Intellectual Property Law & Practice DO - 10.1093/jiplp/jpx037 DA - 2017-05-01 UR - https://www.deepdyve.com/lp/oxford-university-press/excessive-rewards-and-compulsory-licensing-the-essential-facilities-ifJfOZ2G0e SP - 408 EP - 415 VL - 12 IS - 5 DP - DeepDyve ER -