Brussels, 11/09/2008 (Agence Europe) - Competition in the pharmaceutical sector is going full pelt, according to the European Federation of Pharmaceutical Industries and Associations (EFPIA). The sectoral investigation opened by the Commission (its preliminary report is expected on 28 November) may have been launched due to unfounded concerns. This is the opinion of Thomas Cueni (in charge of the EFPIA dossier) which was expressed at a reception organised by the Swiss Chamber of Commerce in Brussels on Wednesday 10 September.
The Commission investigation, according to a Commission official, was launched because of a pronounced drop in molecular entities patented in 2000-04: 28 per year, as opposed to the 40 per year between 1995-99.
Dominik Schnichels, who leads the work group involved in this matter (Pharma Task Force) at DG Competition, explained that the late entry of generic (non-patented) products on the market was also worrying. The Commission is examining whether intellectual property rights are being abused by the big pharmaceutical companies to hinder entry onto the market of new arrivals. EFPIA categorically denies this and says that although there has perhaps been a reduction in productivity, there has been no fall at all in innovation. According to the industry, the solution lies in reducing, not increasing, regulation. Although generic products are slow to come onto the market, the latter has to expand (through sales of patented products) if it is to become attractive. A legal expert at the hearing said that he was not convinced by the term “abuse of intellectual property rights”, used by the Commission, adding, “either there are intellectual property rights to be respected or there are not. This is a legal not a political question”. He also asserted that the Commission might examine the different periods of patent application, which vary quite considerably. (C.D./transl.rh)