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Marc P. Philipp - Intellectual Property Related Generic Defense Strategies in the European Pharmaceutical Market

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Marc P. Philipp

Intellectual Property Related Generic Defense Strategies in the European Pharmaceutical Market

Series: Munich Intellectual Property Law Center - MIPLC Studies

Volume 11 2011

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Conflicting Healthcare Policy Objectives S. 17-19

„… regulated one. On the one hand, undertakings have to adhere to a healthcare policy framework mainly …” „… Protection Conflicting Healthcare Policy Objectives In line with initiatives of national member states,16 the …” „… current healthcare system, especially pricing and reimbursement regulation, is not harmonized amongst EU …”

Legal Protection of Pharmaceutical Products S. 19-22

„… the speed and quality of medical innovation. Thereby, a substantial part of the current healthcare …” „… of price levels and affordability has gained greater attention, as overall healthcare costs have …” „… substantially increased.25 No surprise that healthcare spending on human pharmaceuticals is closely monitored …”

Static Competition for Imitation of In-Market Products S. 38-41

„… is system-immanent. The reason lies in the European public healthcare system being built around the …” „… regard generic companies as the key factor in realizing associated cost reductions for public healthcare …” „… has contributed around 3 billion EUR in healthcare cost savings between 2000 and 2007, which …”

Key Drivers for Generic Entry S. 41-42

„… affordability of originator drugs or favorable national healthcare legislation (e.g. through compulsory generic …” „… healthcare legislation is the single most important driver of market attractiveness for generics.130 This …”

Dynamic Competition for Substitution by Innovation S. 36-38

„… th annual JP Morgan Healthcare Conference: Introducing the World Leader in Generic Pharmaceuticals …” „… is system-immanent. The reason lies in the European public healthcare system being built around the …”

The ‘More Economic Approach’ to EU Competition Law S. 27-28

„… mirrored in the public healthcare debate, where many economic studies – more or less successfully – have …”

Extension of Exclusivity Terms S. 58-70

„… associated with Bayer Healthcare’s blockbuster product Cipro®, which included a total value transfer to Barr …”

Research Methodology and Scope S. 14-16

„… thereby touches on conflicting healthcare policy objectives being the fundamental source for the high …”

Titelei/Inhaltsverzeichnis S. 2-8

„… Sector2. 17 Policy Objectives and Legal Protection2.1. 17 Conflicting Healthcare Policy Objectives2.1.1 …”

Generic Pharmaceutical Companies S. 34-36

„… Chief Executive Officer, Teva North America, Presentation at the 27th annual JP Morgan Healthcare …”

The Sector Inquiry as an EU Competition Law Instrument S. 28-30

„… healthcare debate, where many economic studies – more or less successfully – have tried to quantify drug …”

Research Objective and Relevance S. 11-14

„… commercializing innovative drugs on the European market face turbulent times: Healthcare budget constraints force …”

Conclusion & Managerial Recommendation S. 78-82

„… inquiry’s findings. As healthcare budget deficits across many EU member states are not likely to be …”

Legal Basis and General Art. 102 TFEU Principles S. 22-25

„… and the Pharma Sector Inquiry Besides healthcare specific policies and legal protection opportunities …”

References S. 83-92

„… , Presentation at the 27th annual JP Morgan Healthcare Conference: Introducing the World Leader in Generic …”

doi.org/10.5771/9783845231037

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Florian Steger (ed.), Mojca Ramšak (ed.), Pawel Łuków (ed.), Amir Muzur (ed.)

Equal Access to Healthcare in Socially Diverse Societies

Series: Angewandte Ethik

Volume 8 2023

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Nika Pavlović Disparities in women’s access to reproductive healthcare S. 59-82

„… Nika PavlovićDisparities in women’s access to reproductive healthcareAbstractThe health system …” „… healthcareCroatiaAccording to the »National Development Strategy 2030« developed in 2018, Croatia could become »competitive …” „… Financial assistance for ARTGaps in maternal and newborn healthcareInternational Project IMAgiNE …”

Ewa Nowak, Anna-Maria Barciszewska, Karolina Napiwodzka Diversity-sensitive healthcare delivery across Poland’s clinical landscapes S. 215-240

„… rooted in the organizational culture of the healthcare:The danger of conservatism is one of the key …” „… III.Healthcare professionalsEwa Nowak, Anna-Maria Barciszewska, Karolina …” „… NapiwodzkaDiversity-sensitive healthcare delivery across Poland’s clinical landscapesAbstractHealthcare systems are obliged to …”

Sanja Pleština, Sandra Karabatić The importance of improving education of healthcare professionals on communication with minorities – experience with Roma in the Croatian healthcare system S. 253-266

„… of quality healthcare.Introduction»Communication is perhaps the most important and difficult activity …” „… guaranteed rights and the provision of quality healthcare.The main goal of communication is to establish …” „… Sanja Pleština, Sandra KarabatićThe importance of improving education of healthcare professionals …”

Vanja Branica, Ivana Mošić Pražetina Improving access to healthcare for minority groups: qualitative study with social workers in Croatia S. 267-284

„… adroit, and manage.« (SW1)Access to hospital healthcareGood access to healthcareParticipants perceive …” „… harmonized protocols and guidelines that will bring to complementary practice within social and healthcare.We …” „… Vanja Branica, Ivana Mošić PražetinaImproving access to healthcare for minority groups: qualitative …”

Gordana Šimunković, Ivana Borić Exercise of children’s participatory rights in the healthcare system of the Republic of Croatia S. 83-110

„… concerning children.37Participation of children in healthcareWhen we look at the healthcare system, we can …” „… International researches in participation of children in healthcareThe balance between protection and …” „… Gordana Šimunković, Ivana BorićExercise of children’s participatory rights in the healthcare system …”

Julia Alessandra Harzheim The role of Patient Autonomy and Informed Consent for equal access to healthcare: A conceptual inquiry of contemporary bioethical debate S. 27-58

„… of medical healthcare.Non-systematic documentary evaluationAs this work not only aspires to provide …” „… at all.Expanding the results to systematic problems of access to public healthcareBut which relevance …” „… between so-called individualist vs. public healthcare:Most uses of theories of justice in public …”

Suzana Kunac, Aleksandar Racz Health status and access to the healthcare system of members of the Roma national minority in the Republic of Croatia S. 193-212

„… healthcare.According to a study of the basic data on the position of the Roma in Croatia, it is stated that 92.8 % of …” „… Suzana Kunac, Aleksandar RaczHealth status and access to the healthcare system of members of the …” „… . Therefore, there is a systematic lack of data on Roma morbidity, healthcare use or discrimination in the …”

Ann Kristin Augst, Annika Spahn »Doctors don’t listen to us or the things we need.« Experiences of heteronormative healthcare and its aftermath for LGBATIQ patients in Germany S. 111-134

„… variance.Asexual people’s experiences in healthcareThe participants in the group discussion express similar …” „… people’s experiences in healthcareThe problems trans people face – and the interviewees describe – within …” „… heteronormative healthcare and its aftermath for LGBATIQ patients in GermanyAbstractThis chapter investigates …”

Zümrüt Alpinar-Sencan Provision of healthcare for culturally diverse populations: Insights from a qualitative study on dementia care with the members of the Turkish immigrant community in Germany S. 155-178

„… seeking dementia-related healthcare.MethodsThis pilot study is conducted as a part of an international …” „… healthcareLanguage barriers lead to miscommunication, poorer understanding of the health condition, treatment options …” „… to access to an adequate healthcare.However, in making healthcare culturally sensitive, the danger of …”

Florian Steger, Mojca Ramšak, Paweł Łuków, Amir Muzur Introduction S. 11-24

„… coincides with structural barriers in accessing healthcare.With regard to these issues, in the contribution …” „… , are only few but important steps towards the goal of socially inclusive healthcare.Introduction23 …” „… Florian Steger, Mojca Ramšak, Paweł Łuków, Amir MuzurIntroductionEqual access to healthcare for …”

Titelei/Inhaltsverzeichnis S. 1-10

„… Equal Access to Healthcare in Socially Diverse SocietiesSteger | Ramšak | Łuków | Muzur …” „… WaltersVolume 8Equal Access to Healthcare in Socially Diverse SocietiesFlorian Steger | Mojca Ramšak Pawel …” „… , Pawel | Muzur, Amir Equal Access to Healthcare in Socially Diverse SocietiesFlorian Steger | Mojca …”

Bojana Filej, Mojca Poredoš, Boris Miha Kaučič Educational needs of nurses in intensive therapy units to improve attitudes towards interculturally diverse patients in Slovenia S. 241-252

„… approach. The data were collected with a questionnaire, Healthcare Provider Cultural Competence Instrument …” „… (HPCCI) and Educational Needs Questionnaire related to multicultural healthcare. 98 healthcare providers …” „… of health, well-being, disease, and death.4Healthcare providers must recognize, respect, and …”

Dean Markić, Lada Zibar Kidney transplantation in Jehovah’s Witnesses – the Croatian perspective S. 179-192

„… management.According to Croatian law, every citizen has the right to access to healthcare, including kidney …” „… patients, with an emphasis on healthcare in Croatia.Patients and MethodsFor this article, we analyzed …” „… to make their own decisions about which healthcare interventions they will or will not allow after …”

Marta Lewandowska Becoming a parent as a lesbian in Poland: an autoethnographic narrative S. 135-152

„… discrimination of non-heterosexual persons in access to reproductive healthcare services. In conclusion, I …” „… interpersonal – especially in relation to the cultural competences of healthcare professionals – levels to …” „… ensure non-discrimination and equal access to reproductive healthcare services for LGBTQIA …”

doi.org/10.5771/9783495997895

Maria-Artemis Kolliniati - Human Rights and Positive Obligations to Healthcare

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Maria-Artemis Kolliniati

Human Rights and Positive Obligations to Healthcare

Series: Nomos Universitätsschriften - Politik

Volume 196 2019

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CHAPTER 1: Introduction S. 15-40

„… a positive obligation to provide healthcare in the Convention, is it possible for the ECHR …” „… effectively to protect healthcare? If so, what reasoning should the European Court of Human Rights (“ECtHR” or …” „… positive obligations? I argue that healthcare cases are the hardest to consider under the Convention …”

CHAPTER 6: ECtHR case law and Joseph Raz’s approach to rights S. 228-244

„… justification of positive obligations to healthcare under Articles 3 and 8 of the ECHR. As mentioned in previous …” „… society has a positive obligation to provide access to healthcare and reduce the inequalities caused by …” „… the natural lottery. The provision of healthcare can also be justified by the “capability approach …”

Titelei/Inhaltsverzeichnis S. 1-14

„… Politik 196 Human Rights and Positive Obligations to Healthcare Reading the European Convention …” „… 12.04.19 13:14 Maria-Artemis Kolliniati Human Rights and Positive Obligations to Healthcare Reading …” „… and Positive Obligations to Healthcare Reading the European Convention on Human Rights through Joseph …”

CHAPTER 5: European Court of Human Rights decisions S. 167-227

„… law organised by thematic topics. Expulsion, detention and healthcare: Positive obligations and …” „… International Law (HJIL) 71 (2011), 693. 5.2 Expulsion, detention and healthcare 169 Article 3 of the ECHR: its …” „… general characteristics and its relationship to healthcare The Article 3 right is absolute, which means …”

CHAPTER 7: Conclusion S. 245-254

„… of rights for justifying positive obligations to provide healthcare. Nevertheless, this does not mean …” „… social aspects of rights. For example, a state may have a positive obligation to provide healthcare to …” „… protect a civil right enshrined in the ECHR. However, healthcare has traditionally been justified with …”

CHAPTER 4: Joseph Raz’s approach to rights S. 79-166

CHAPTER 2: Background question: Jurisprudence and human rights S. 41-66

„… healthcare), deontological theories (e.g. Nozick’s and Dworkin’s approaches) lead either to an …” „… competition. Thus, they cannot provide adequate answers to questions about healthcare or other positive duties …”

CHAPTER 3: General characteristics of the European Convention on Human Rights and European Court of Human Rights case law S. 67-78

„… healthcare. c) Next, having found the social aspects of rights as they derive from the ECtHR’s reasoning, I …”

doi.org/10.5771/9783845299853

Katharina Füglister - Policy Laboratories of the Federal State?

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Katharina Füglister

Policy Laboratories of the Federal State?

Series: Politik und Demokratie in den kleineren Ländern Europas | Politics and Governance in the Smaller European Democracies

Volume 6 2012

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Health-care expenditures: An international comparison S. 85-87

„… liberties have their price, as Switzerland has one of the most expensive healthcare system in the …” „… countries, before analyzing more closely atthe financing of the system.3.4 Health-care expenditures: An …” „… internationalcomparisonInternational comparisons suggest that richer counties spend more money on healthcare. Figure 3.3, which shows …”

Actors and their roles S. 65-80

„… austerity and rising insurance premiums, they are willing toextend the health-care system.3.3.2 Actors and …” „… their roles in the Swiss health systemA core element of the Swiss health-care system is …” „… free market mechanisms do not work adequately in healthcare because ofthe important asymmetry of …”

Managed competition: More regulation needed? S. 80-85

„… health-carecosts. In contrast, health-care costs have continuously increased over time, andwith them, insurance …” „… plan, are themajor market mechanisms of the Swiss health-care system. The main notion ofthe legislature …” „… different. Given that patients can change their insuranceand choose the health-care plan that reduces their …”

Main features S. 57-59

„… 3 The Swiss Health-Care SystemThis chapter introduces the context of the field of interest for the …” „… the organization of the Swiss health-care system by focusing on themain actors, their roles, and their …” „… the major aspects of the financingof the Swiss health-care system. The section shows that, unlike all …”

Financing the Swiss health system S. 87-90

„… the country devotes more resources to health-care than any other OECD country, apart from the United …” „… might bring, one needs to take a closer look at how health-care systemsare financed. Before analyzing in …” „… healthcare expenditures. According to Pallier (2004), three main strategies are availableto reform the …”

Health insurance coverage S. 63-65

„… current trend in OECD health-care reforms, it moves the Swiss health-care systemtoward a mixed …” „… . Although distinctsystems remain, the authors observed that, since the 1980s, most health-care reforms …” „… were introducedinto the British NHS system, and the U.S health-care reform legislation of 2010 …”

The research questions and empirical context S. 13-18

„… all other European health-caresystems that finance their health-care systems predominantly through …” „… illustrates. During the recent and very controversialdebate on health-care reform in the United States …” „… , health-care systems of othercountries were often cited as potential models for a reformed American …”

Development S. 59-63

„… provisions. This phenomenon is particular visible in the field of health-care, a policy field that remains …” „… cantons are in charge of the provision of health-care, regulate healthmatters, and implement federal law …” „… significant regional differences in health regulation and health-care spending, as shown by Vatter & Ruefli …”

Explanatory variables S. 156-160

„… health-care. The costs are covered by the cantons that finance the hospitals.Patients who have access only to …” „… have an impact onthe quality of health-care services. The period covered by the present study isyet too …” „… process. More precisely, in the field of health-care,I expect the Conference of Cantonal Directors of …”

LAMA 1911: Subsidies for health insurers S. 95-103

„… growingnumbers of households, health-care expenditures are becoming a heavy financialburden. Therefore, an …” „… being overarching legislation on health-care, the LAMA was a law regulating subsidies and promoting …” „… the costs of health insurance. Therefore, federal subsidies increased with rising health-care costs …”

LAMal 1994: Individual health insurance subsidies S. 103-104

„… state andmade the process of adapting health-care reform particularly difficult and slow(Immergut 1992b …” „… , Crivelli & Bolgiani 2010).In brief, the attempts at health-care reform in Switzerland before the 1990s …” „… health-care system, the Parliament often added important changes to the proposals. In addition, the influence …”

Titelei/Inhaltsverzeichnis S. 2-12

„… health-care reform in the federal state of Switzerland. I am very grateful to the project leaders for offering …” „… diffusion 522.5 General hypotheses 543 The Swiss Health-Care System 573.1 Main features 573.2 Development …” „… competition: More regulation needed? 8073.4 Health-care expenditures: An international comparison 853.5 …”

Broader implications for diffusion studies S. 195-197

„… Chapter3, in Switzerland, the organization of health-care is, because of its development,very …” „… many, needs to be emphasized.7.3 Further researchIn this book, I focused on health-care policies, a …” „… importance of intergovernmental networks is, ofcourse, not restricted to the diffusion in health-care …”

Findings from the empirical analysis S. 191-195

„… liberal health-care system of Switzerland, primarily financed through non-distributivemechanisms …” „… mixed models of financing healthcare in other systems (Rothgang et al. 2010), in the future individual …” „… Chapter3, in Switzerland, the organization of health-care is, because of its development,very …”

Reforms and reform attempts at the federal level S. 104-120

„… on health-care costs by introducing cost containment measures; and third, an improvement in the …” „… law was too vague (Année104Politique Suisse 1996). Increasing health-care costs and soaring health …” „… the eligibility criteria to the health-care reform. TheCommission on Social Security and Public Health …”

Further research S. 197-200

„… emphasized.7.3 Further researchIn this book, I focused on health-care policies, a policy field that is …” „… intergovernmental networks is, ofcourse, not restricted to the diffusion in health-care policies. Focusing on …”

Methodology and data S. 20-21

„… to coordinate their activities to avoid centralization. In thefield of health-care, the Conference of …” „… , available data in the monitoring reports that examinethe effectiveness of the health-care subsidies as …”

Theory and hypotheses S. 18-20

„… cantonsincreasingly attempt to coordinate their activities to avoid centralization. In thefield of health-care, the …” „… , available data in the monitoring reports that examinethe effectiveness of the health-care subsidies as …”

Diffusion of health insurance subsidies: Hypotheses S. 133-138

„… importance in the field of health-care and its role as discussion platform,I expect that the Conference of …” „… , andsometimes even call them to get detailed information about the specific implementation of healthcare …”

Subsidies: Social corrective to premiums S. 91-95

„… ) corresponding to 23% ofthe public expenditure on health or 0.7 % of the GDP.2 Given the rise in healthcare costs …” „… “risk privatization”. For growingnumbers of households, health-care expenditures are becoming a heavy …”

Consequences of the heterogeneous system S. 127-133

„… policies,and subsidy policies thus diffuse following a learning process, the decentralizationof health-care …” „… health-care system might bejustified. Building on the literature on policy diffusion presented in Chapter …”

B Robustness Checks S. 205-231

„… Versus Regulated HealthInsurance in Switzerland. In Six countries, six reform models–the healthcare …” „… : healthcare reforms “under the radar screen”, ed.Kieke G. H Okma & Luca Crivelli. World Scientific pp. 137–170 …” „… : Cambridge University Press.Meynard, Alan. 2005. Common challenges in healthcare markets. In The …”

Literature review of policy diffusion in federal states S. 33-39

„… . Before the Obama administration’s health-care reform legislationof 2010, several reform attempts failed …” „… on quantitative data, Karch (2007a) analyzedthe different innovations in health-care and welfare …”

A Parliamentary Proposals S. 201-204

„… financial burden of healthcare costs? [Wie stark drücken die Gesundheitskosten?], deposited by Jacqueline …”

Dimensions of subsidy policies S. 120-127

„… cantons, which have to guaranteethe provision of health-care for the entire population. Despite the …”

Dependent variable S. 154-156

„… diffusion process. More precisely, in the field of health-care,I expect the Conference of Cantonal Directors …”

doi.org/10.5771/9783845243603