Innovationseffekte von Patentrechtsreform und neuer Festbetragsregel
In: List Forum Band 31
AbstractMarkets for pharmaceuticals belong to the most intensly regulated markets. Manufacturers of pharmaceutical products frequently argue that regulatory interventions impede innovative activities. In this paper we scrutinize two important changes of the regulatory framework of the market for pharmaceutical products in Germany and their impacts on the innovative bahaviour of domestic firms. First of all, we examine recent changes in German patent law dealing with patentability of biotechnological products by which European and German legislators intend to take account of scientific and technical progresses in this field and to remove legal uncertainties. Building on this we analyse the German Health System Modernisation Act (Gesundheitssystemmodernisierungsgesetz, GMG) which was enacted in order to enhance the efficiency of Germany's statutory health insurance system. We conclude that the reforms in question are in some ways complementary but mutually neutralizing in others in terms of their impacts on innovative behaviour.(Original text only available in german language)
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