Pay For Delay

Pay for Delay
Pay for Delay
Written By: Jed O'Brien
Metropolitan State College of Denver at Denver
November 24, 2011
For years pharmaceutical companies have been trying to protect their expensive drugs, protected by
patents, by paying rivals large sums of money from producing cheaper, alternative drugs. In an
article written by Marian Wang, she discusses a particular case in which Pfizer makes "...a deal with
certain pharmacy benefit managers ... to block generic versions of Lipitor."(Wang, Pfizer's Latest
Twist on 'Pay for Delay') There are a few ethical issues with this: one, the rival companies are
infringing on patent laws, two, larger pharmaceutical companies are trying to create as much profit
for their company until their patent runs out, ... Show more content on Helpwriting.net ...
"In a federal antitrust complaint, 11 California pharmacies say Pfizer and generic drugmaker
Ranbaxy are illegally keeping a generic version of...Lipitor off the U.S. market" (Dinzeo,
Pharmacies Accuse Pfizer of Fixing Lipitor Prices). It's estimated that 16 million American take
Lipitor each day which equates to $50 million dollars daily. The people within both Pfizer and
Ranbaxy each have a goal to make money for their stakeholders'. Both companies have similar goals
and by working together with one another, they can both achieve their main goal to make money.
This relationship is described as referent power according to the text Business Ethics: Ethical
Decision Making and Cases. Referent power "...exist(s) when one person perceives that his or her
own goals or objectives are similar to another's" (Ferrell, 196). Pfizer persuades Ranbaxy into an
agreement in which Ranbaxy will be able to distribute their version of Lipitor in the market earlier
than they would have been able to do, and Pfizer gets a temporary, illegal extension on their Lipitor
patent. Also, it gives Ranbaxy an incentive to fix the price of their drug just slightly below that of
Pfizer's price because of the early access. Both companies are being accused of coming together and
fixing the price of their drugs for financial gain.
Not only are companies using "Pay for Delay" to
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Pharmaceutical Industry & Legality Essay
Specify the types of country risks that pharmaceutical firms face in international business. How do
the political and legal systems of countries affect the global pharmaceutical industry? The different
types of country risks for the pharmaceutical firms are: 1. Pricing: Many Asian and African
countries are poor and cannot afford the costly medicines. The Pharmaceutical firms spend vast
amounts on R&D in creating and marketing drugs, thus charging high prices enables for cost of
capital recovery and profit generation. 2. Patent related and Generic Competition: The developed
countries like US and Europe have strong patent protection laws which gives a lot of benefits for the
pharmaceutical companies. But, the patent ... Show more content on Helpwriting.net ...
What is the proper role of the following groups in addressing these dilemmas: National
governments, Branded pharmaceutical firms, and Generic manufacturers? Healthcare is the most
important factor for the growth and well being of any country. If the governments cannot provide
subsidies for healthcare and Pharmaceutical firms just focus of their R&D, the other groups can
address these issues. The National governments can play a major role. They have budget and relief
funds allotted for the poor. It can also ask the insurance companies to reduce the premium based on
the income of the poor. If the insurance and health coverage system is initiated by the national
governments, the poor can greatly benefit from this. The branded pharmaceutical firms account for
more than 50% of worldwide pharmaceutical sales. Thus they make huge profits. These profits can
be used to fund hospitals in poor areas. This will not only give the firms respect but also a good
recognition. Generic medicines are cheap and easily available. Though they may not be effective,
but they serve the purpose for the poor. Some generic medicines may not give the desired results but
the major diseases which occur among the poor people can be treated with generic medicines.
Consult www.phrma.org, The Pharmaceutical Research and Manufacturers of America. What steps
is the branded industry taking to address the

Generic Drug Profile : Salbutamol
Generic Drug Profile – Salbutamol
New Zealand trade names: Ventolin, Respigen, Salamol, Asthalin, Salapin and Broncolin.
Drug Class: Therapeutic class: bronchodilator. Pharmacologic class: sympathomimetic (stimulates
the sympathetic nervous system). It is also classified as a SABA (short acting β2–agonist).
Formulations: The most common administration is by inhalation of a pressurised metered dose
aerosol. Inhalation of Salbutamol directly reaches the lungs and acts rapidly with fewer side effects,
but only 10–25% is actively absorbed as the remainder is swallowed (Orion Phama, 2015). Oral
administrations by tablet and syrup forms are used by patients who can't manage the inhaled route.
Salbutamol has a lower onset of action via the oral route and 50% of the dosage is absorbed from
the intestinal tract (Salbutamol, 2014). Salbutamol can also be given intravenously for severe or life
threatening asthma. It may also be given by intramuscular injection. Patients are best treated with
single–ingredient β2–agonist preparations so dose adjustment is simple (NZ Formularya, 2015).
Indications: Salbutamol is a β2–agonist which causes bronchodilation by relaxing smooth muscles
on the bronchiole. It is a reliever of bronchospasms in asthma, chronic obstructive pulmonary
disorder (COPD) and emphysema. It provides short acting but instant bronchodilation to reverse
airways obstruction. Inhalation of Salbutamol has an onset period of 5–15 minutes and lasts for 2–5
hours. Salbutamol is

Common Emergency Drug Used For Patients With Severe Allergies
Because pharmaceutical companies have so much power over pricing, they have started to raise
prices with no motive other than more profit. In recent years, the industry has seen a steep price
increase in drugs. These increases, in some cases, seem inexplicable. Regarding this is the recent
example of the EpiPen, a common emergency drug used for patients with severe allergies. In the
past, the EpiPen was available to patients for as low as 40 dollars. Now the price is "almost 600
dollars." (Woodward, Layton) The problem with this is the device has had no fundamentally
different changes to it. This means the pharmaceutical company responsible for the EpiPen raised
the price for no reason other than more money in the company's pocket. A ... Show more content on
Helpwriting.net ...
This however is like "saying shoe advertisements are educational, showing people how to cover
their feet." (Ridberg et al.) The commercials focus on showing individuals living happy lives, not
statistics about the drug or instructions on how to take it. In addition, it is argued that the reason
pharmaceutical companies stress ethics in their work is because it would severely damage their
profits. However, putting an emphasis on patient care shows an increase in profits. Maung Min,
author of "Should Pharmaceutical Companies Engage in Corporate Social Responsibility?"
discusses how Corporate Social Responsibility (CSR) impacts pharmaceutical companies' revenues.
CSR can be defined as the way companies positively impact society, which emphasizes social
standards over monetary gain. The findings of this paper show that 96 percent of companies who
engage in CSR see it positively impact profitability. (Min 64) Alternatively, pharmaceutical
company proponents argue the industry is constantly researching new methods of treatment to better
old ones. While true in theory, the reality of pharmaceutical companies is they are not focusing on
these new treatments, and instead rebranding drugs already on the market. Instead making a drug
from scratch that has an extremely low probability of working, companies choose to make a drug

Generic Drugs : A Drug Product
INTRODUCTION: A Generic drug (generics) is a drug product that is comparable to a
brand/reference–listed drug product in dosage form, strength, quality and performance
characteristics, and intended use. These are produced and distributed without patent protection. The
Generic drug must contain the same active ingredients as the original formulation. Generic drugs are
identical or within an acceptable bioequivalent range to the brand name counterpart with respect to
pharmacokinetic and pharmacodynamic properties. Most of the generic products are available once
the patent protections afforded to the original developer is expired, when it happens it often leads to
substantially lower prices for both the original brand name product and the generic forms. Drug
patents in US give twenty years of protection, but as they are applied for before clinical trials begin,
the effective life of a drug patent tends to be between seven and twelve years.1 WHY GENERIC
DRUGS ARE INTRODUCED The principal reason for the relatively low price of generic medicines
is 1. When patents no longer protect Drugs, competition increases among producers, companies
create generic drugs at less cost and are therefore able to maintain profitability at a lower cost to
consumers. The costs of these generic drugs are so low that many developing countries can easily
afford them. 2. Generic manufacturers don 't bring about the expense of medication disclosure and
rather can reverse engineer known drug compounds to

The Pharmaceutical Industry Global Analysis
Pharmaceutical Industry Global Analysis Introduction This paper will review information about the
Global Pharmaceutical Industry, and analyze how the Porter's Five Forces play a role in its industry.
The pharmaceutical industry is surrounded by past, present, and current trends, which will change
its future operations through regional policy, and government. Moreover, the information collected
will be from previous, present–day, and forthcoming data that will help analyze the pharmaceutical
stability in the global economy besides that, it will also, explain how a pharmaceutical company
stays competitive in the industry. The make up the industry are companies that specialize in
"biological, medicinal and pharmaceutical products in various forms, including ampoules, tablets,
capsules, vails ointments, powders, etc." (Turk, IBISWORLD). Furthermore, the Healthcare
industry has shown to have a viable past and future, the mode of its competitive strategy is always
being examined and is segmented into three parts, which are prescription– based with an outlook
into its ethics, product and over–the counter medication . Indeed, there are many factors that can
prevent the industry from effectively reaching its goal of success, but the challenges it faces are
relative and critical for industry opportunities and industry access and success. The chart below
labels the industry Five Porter's analysis. Rivalry The three most important factors that influence the
intensity of the

Character Analysis: Sun Pharmaceutical Industries And Ranbaxy
SUNPHARMA–RANBAXY MERGER DEAL
INTRODUCTION
To protect the business from the drastic downfall, many firms chose to take a step by making
business combinations. Stepping towards M&A is a winning way to combine to successful alike
business. With M&A synergy power of the two companies are combined to crater a business that is
most suitable for the demand of the market and its stakeholders. Merger is a case where the acquired
company deliberately delivers it assets and liabilities in the hands of the acquiring company. As a
result, the company being acquired can survive another phases of competition in business cycle.
However, the phenomena of merger and acquisitions of the two businesses would certainly leave an
impact on its stakeholders; it may be negative or positive. Due to the financial stress of the company
being acquired the stakeholders may feel the off–putting impact and hence it is quite obvious for the
stakeholders to be nervous and uneasy at the kick–off of the initial phase of M&A. ... Show more
content on Helpwriting.net ...
The burst in M&A tendency in pharmaceutical sector is an inception to make the industry look like a
pyramid. The present study is based on recent merger of Sun Pharmaceutical Industries and
Ranbaxy; Sun Pharmaceutical Industries is a multinational pharmaceutical company having strong
presence in the generic drug market in India. The company has a tremendous track record of 20
successful acquisitions. Sun Pharma after acquisition of Ranbaxy became India's 1st and world's 5th
largest generic drug making company. Our study deals with impact of acquisition on financial health
and profitability of the company. To come to a conclusion pre–acquisition and post–acquisition
financial data have been

Pharmaceutical Companies, Intellectual Property, and the...
IBUS 3312 – International Management
Pharmaceutical Companies, Intellectual Property, and the Global AIDS Epidemic
Analysis
While this case is literally full of negative aspects, we will only focus on the main points for both
arguments. Pharmaceutical companies want to be sure that the products they spend years and
millions of dollars to create are not easily reproduced and sold at discount prices. The profits
pharmaceuticals make of their patented products are supposed to refinance new research. So taking
away their exclusive distribution rights and allowing other manufacturers to just copy the product
and sell it at minimal costs also harms the innovative processes in which new and better drugs are
developed [1]. Those ... Show more content on Helpwriting.net ...
If you look at how everything has developed since AIDS was first regarded as s major threat to
public health in the beginning of the 1980's it could be said that a lot of progress has been made. Not
in a way where infected individuals around the world get the treatment they need or the developing
countries get completely the support necessary, but today the world is closer to that goal than years
before. This is important to outline because people tend to forget the progress been made, as they are
only searching for a certain ending or result. The final solution to the dilemma between distribution
of drugs to all people in need and the costly and continuous research required to find a cure, is not in
reach [3].
What would Help?
An important point is that every time the pharmaceuticals yield a little bit to the grounds of
intellectual property, big problems start arising everywhere. This could make us wonder if the
pharmaceuticals would have yielded completely to what the developing countries were asking,
would have people suffering from this terrible virus really gotten the help they needed? It is difficult
to answer this question and as seen on the case the solution isn't as easy as it looks. It wasn't just a
matter of letting generic drugs be produced and sold, there also had to be some regulations to this
process to make sure that it was really helping people in developing countries.

The Pharmaceutical Industry with Reference to Key Strategy...
This essay will analyse the factors that shaped the competition within pharmaceutical industry. It
will look at the key players in the market and try to answer how they obtained the competitive
advantage over their rivals. Moreover his paper will also examine the main business models in
pharmaceutical industry and look how the companies react to the changing nature of competition, by
re–assessing their strategies.
According to the case, written by Holland & Batiz (2004), the pharmaceutical industry has its roots
in 19th century but the R&D was firmly established during 1940s and 1950s. This means that
throughout that time pharmaceutical companies acquired practise and experience which helped them
to obtain a competitive advantage (Porter ... Show more content on Helpwriting.net ...
Michael Porter identified three generic strategies (cost leadership, differentiation, and focus) that
can be implemented at the business unit level to create a competitive advantage and defend against
the adverse effects of the five forces (Akan et.al. 2006).Generic strategies provide direction for
companies in designing incentive systems, control procedures, operations, and interactions with
suppliers and buyers. Within the pharmaceutical industry there are four main groups of competitors
that have developed over the last decades. These are: generic, ethical, biotech (all require
prescription) and OTC (prescription free). Each one of them uses different generic strategy to
achieve and maintain competitive advantage.
R&D companies use differentiation strategy that requires them to create something about their
product that is perceived as unique and innovative within the market. Differentiation often forces
firms to accept higher costs in order to make a product or service appear unique (Herbert et.al.
1987). In regard to strategy ethical pharmaceutical companies need to focus mainly on their R&D
process as wells as advertising that makes their customers to perceive their products as being
unique. As a result, the companies that invested their capital vastly in R&D became industry leaders.
Therefore companies compete on who will enter the market first with the new product, since only
the pioneer drug would benefit the company. A differentiation

Case Study Of Teva
Tevapharma (2014) defines to Teva as "a global company specializing in the development,
production and marketing of generic drugs and innovative". Teva is in the top 10 companies
pharmaceutical world and is the company number 1 in medicines generic. ! The headquarters of
Teva is located in Israel, divided in approximately 60 countries and with a figure of 46 employees, it
has earned to be the first company in the world in generic medicines as the development, production
and commercialization of a wide range of generic drugs and active principles very innovative. Teva
billed in the year 2012 close to 20.3 billion dollars and traded with more than 120 markets. ! In
recent years Teva has been acquiring other companies and this fact allows you ... Show more content
on Helpwriting.net ...
Teva Assessment. portfolio of drugs with an industrial experience significant which make it a
perfect partner for the 'Watson Health Cloud". ! The website tevapharm.com (2015) places to Teva
in Japan as the third company of generic drugs in Japan with 2000 employees approximately. Also
Teva is located in South Korea with the name of Teva–handok. Currently these are the countries in
Asia where Teva has presence since the Asian continent is attractive to Teva due to the economic
power that is developed in recent years and the possibilities of entering a new market of these
features. ! The Double Diamond model is important when it comes to know various factors of the
country that we look to enter a company, in this case Teva. In this study we will proceed to observe
such factors as demand, the use by the population of technologies (which will help us to play a
marketing campaign), the competition in this sector of the industry that we have in this country,
economic growth, exports, imports and investment that perform among others. All of them are
important issues to consider now that will determine the success of the company in the target
country, the resolution of errors and the different paths to follow to break into your

Porter's Five Forces Analysis Of The Pharmaceutical Industry
Porter's Five Forces Analysis of Pharmaceutical Industry
Porter's Five Competitive Forces Analysis is a framework developed by Michael E. Porter of
Harvard Business School for study of industry analysis by analyzing five competitive forces which
define industry and its business strategy. These five competitive forces determine the competitive
advantages, disadvantages and attractiveness or profitability of industry.
We analyzed the Indian Pharmaceutical industry on these five forces and the findings of industry
competitiveness and profitability are written under the relevant competitive forces.
Bargaining Power of Buyers
In pharmaceutical industry, the end user of the product (patient) is different from the influencer
(doctor) influencing his decisions. This is a unique feature of pharmaceutical industry.
Consumer/Patient behavior in India suggests that he will buy whatever medicine is prescribed by his
doctor or physician. Therefore we can say that doctors influence the buying power of buyers. In
branded market like India patients/pharmacists cannot usually substitute ... Show more content on
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In pharma industry the raw materials mainly consist of organic chemicals. The need of different
organic chemicals depends on the chemical formulae of drug. Pharmaceutical industry depends on
various different organic chemicals for the production of end drugs. The chemical industry itself is
very competitive and also very fragmented because their products (organic chemicals) are
standardized and steps to produce them are also standardized. The chemicals used in pharma
industry are commodity as pharmaceutical companies do production on economies of scale to lower
the cost. The suppliers have low bargaining power because companies can switch to a new supplier
without incurring a high cost. But there is a threat from supplier if it decides to go for forward
integration and become a pharma industry

The Market For Generic Drugs
Introduction
The market for generic drugs has been increasing recently, with a large share of total prescriptions
being dispensed in the United States. At the wholesale level, the generic drug market has typically
been viewed as very competitive, such that prices approach marginal costs1. Therefore the
availability of generic drugs is perceived as beneficial to consumers who have to pay for these
drugs. However, at the retail level, generic drug prices seem to exceed marginal cost even by a wide
margin1. In the last few decades, "the fraction of drug spending paid for by public and private
payers has grown from 34% in 1980 to nearly 80% in 2000, and 92% in 2010. Thus cash–paying
consumers currently account for only 8% of payments"1. ... Show more content on Helpwriting.net
...
However, because the AWP is somewhat ambiguous and does not really provide a true drug–by–
drug average price across major wholesalers, there is a lack of trust from the government and private
payers regarding its validity3. The federal government, in an effort to establish a more equitable and
uniform pricing platform for Medicare Part B drugs, elected to utilize pricing based on ASP3,5.
Background
Before the introduction of the AWP–based reimbursement by California 's Medicaid program in
1969, its predecessor, the cost–based reimbursement was first used. This reimbursed pharmacies the
exact amount they were charged by manufacturers to purchase the drug plus a fixed dispensing fee
to cover labor and capital costs1. This resulted to multiple reimbursements amounts for identical
products. More importantly, since pharmacies would receive the same profit margin from
reimbursement regardless of their acquisition costs, drug manufacturers could in turn set high prices
without reducing pharmacies ' demand for their product. This led to the introduction of the AWP–
based reimbursement at a time when public and private insurers were just beginning to pay for
prescription1.
The AWP is a publicly available list price used as the basis for setting payment rates to pharmacies.
The AWP is reported by generic producers themselves, and until recently has not been subject to any
independent verification. Consequently, the AWP "is neither an average nor a price

Manufacturing Problems And Technological Efficiency
Manufacturing Problems and Technological Efficiency
Part of the challenge regarding the drug shortage is the concept of efficiency in production. Prices
for generics are lower than brand name drugs and therefore profitability margins are very narrow.
For this reason there is little incentive to ensure that equipment is well maintained as this adds to
costs and further decreases net income to the manufacturer. Quality is not rewarded in any tangible
way and offers no significant advantage, so companies are further disincentivized to make sure that
quality inspections and processes do not fail (Woodcock, 2013). Having functional equipment that is
reliable is an input into the production process. Additionally, meeting regulatory ... Show more
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Until manufacturers have some motivation to address the lack of efficiency in the production
process, which result a shift in their indifference curve; these production problems will continue
being inefficient resulting in ongoing availability issues.
Pricing
According to the FDA, Generic Drugs have the same quality and performance as brand name drugs.
The FDA requires generic drugs have to have the same active ingredient, strength, dosage form, and
route of administration to be approved. They are required to have the pass tests proving they have
the same bioequivalence as their brand name counterpart. For an example, for the generic drug to
qualify as a generic drug, it must have the same blood concentration level as the brand name drug
(U.S Food and Drug Administration, 2015). Even though brand name and generic drugs must pass
the same quality and performance measures, they do not sell at the same price. On average, generic
drugs are 80–85% cheaper than brand name drugs. (U.S Food and Drug Administration, 2015)
While there are several reasons for their pricing differences, one of the main reasons is the research
and development (R&D) capital costs the pharmaceutical company must recuperate from brand
name drugs in order to stay in business. Creating new drugs in the pharmaceutical industry is
incredibly expensive and competitive. The California Biomedical

The Patent Law Of Taiwan
This thesis is to address the possibility of adapting the patent law in Taiwan, compared with what is
done in India. These adjustments utilize the so–called "TRIPS flexibilities" embodied in the TRIPS
Agreement (The Agreement on Trade Related Aspects of Intellectual Property Rights), as Annex 1C
of the Marrakesh Agreement establishing the World Trade Organization (hereinafter the WTO)
which came into effect in January, 1995. As a trade–off between promoting knowledge diffusion and
exclusivity to use the knowledge, the patent system is part of the minimum standard established in
the course of the globalization of intellectual property right (IPR). The formation of TRIPS also
demonstrates that the strength of private sector and ... Show more content on Helpwriting.net ...
Because of the root of the intellectual property rights inevitably goes to the inherent "public goods"
analysis, favoring partially the inventor 's power of control will become a burden for users and
competitors. Excessive protection may ultimately reduce competition barrier and weaken the power
of the national innovation. If developing countries can render their laws to curve it to "the pro–
competitive strategy," and this would allow the technology free rider countries to become "fair
followers," as Professor Reichman indicates. In this way, developing countries can make use of
"TRIPS flexibilities," because "wiggle room" in fact exists in the TRIPS Agreement. For example,
Brazil employs this idea in constructing its compulsory license requirements in its copyright law;
South Africa adopted a more stringent patent protection than the TRIPS Agreement demands while
incorporated a safeguard clause to facilitate the use of essential drugs. Another good example of
employing TRIPS flexibilities is the patent law of India. Before the TRIPS Agreement was
negotiated, India's patent law did not regard pharmaceutical chemicals as subject matter of
protection and India consequentially became one of world 's top generic drug producers. However,
in order to comply with

The Pros And Cons Of Generic Drugs
Currently, generic drug plays an important role in the pharmaceutical industry. A generic drug is a
type of drugs which are nearly a copy of brand drug. When a brand drug is approved, the branded
company will have drug patents to protect the new drugs from being copied for twenty years.
Generic manufacturers may copy the drug formula and change some of the ingredients of the drugs
and sell them after twenty years. Generic drugs have now been commonly used to be prescribed to
patients (Razmaria & Aria, 2016). Generic drugs are known for its low price. Patients may come
across the choice between generic drugs and brand drugs. While acknowledging there is a
considerable amount of debates concerning generic substitution, this essay holds the view that
generic drugs should ... Show more content on Helpwriting.net ...
Fischer et al. (2003) state that the potential savings of generic substitution can reach up to six
million U.S dollars in Wisconsin in 2000. Generic drugs are often sold at a relatively low price
because generic manufacturers may not need to pay the cost of innovating the new drug formula.
They may just wait for the release of the brand drugs' formulas. They only need to pay the cost of
performing clinical trials to show that the generic drugs are effective. The cost of producing generic
drugs is low. Hence, the generic manufacturers do not need to set up a high price for the drugs to
earn profits. However, this argument is less convincing for the patients when they are considering a
generic substitution. Masson et al. (1985) argue that some stores may try to draw customers into the
store by lowering the prices of the brand drugs. When the prices of brand drugs are lowered, the gap
between the prices of the brand and the generic drugs is also narrowed. Thus, it may reduce the
chance that a customer will perform generic substitution due to few profits. Therefore, some
customers may not prefer generic

Megadeal Unites Drug Rivals Essay
Anna Wilde Mathews and Jonathan Rockoff authored Megadeal Unites Drug Rivals in a published
WSJ.com article of July 22, 2011. The article addresses the merger of two pharmacy benefits
companies, Express Scripts Inc. and Medco Health Solutions Inc., along with the merger's
ramifications on the health care industry. This strategic merger is expected to impact the pharmacy
benefit manager (PBM) market in conjunction with influencing drug costs and channels and
possibly raising anti–trust concerns.
The main characters in this article include the merging PBM companies Express Scripts Inc. and
Medco Health Solutions Inc. Their PBM competitor companies include UnitedHealth Group Inc.
with its OptumRx pharmacy unit, Walgreen Co., and CVS ... Show more content on Helpwriting.net
...
Their consolidated size can create intense pressure points on all affected venues and change the
purchasing dynamics of the market.
Generally, an industry consolidation can generate concerns regarding monopolistic tendencies and
negative affects on market trends. In a monopoly, companies maximize profits, control prices, place
prohibitive barriers to entry, and minimize competition. As expected, this PBM consolidation did
raise similar concerns by the NCPA (2011) and encouraged the FTC to block the consolidation based
on monopoly power and market domination. However, the NCPA is incorrect when describing this
merger as a monopoly. Monopolies typically occur in a supply chain market. PBM's are sellers of
goods and services. As such, this consolidation is in fact an oligopsony, describing a market with
many sellers and few buyers. An oligopsony market allows for competition and compliments
consumers. The anti–trust concern, however, may be whether competition will remain strong
enough to pass any cost savings to the PBM's customers, i.e. employer plans, health plans, and other
client markets.
Medco's acquisition by Express Scripts was likely generated by several setbacks. The company lost
its contract to CVS Caremark for health services to approximately five million U.S. federal
employees, retirees, and dependents. It also lost its prescription–benefit contract for the California
Public Employees' Retirement System, U.S.'s largest public

Teva Pharmaceutical
TEVA Pharmaceutical is a global pharmaceutical company that develops, produces and markets
generic drugs. Its subsidiary, formally known as Sicor, is based in Irvine California and is
responsible for the production of injectable suspensions and injectable complex drug delivery
systems. TEVA USA's Irvine office markets products from diverse therapeutic areas including
analgesic, anti–infective, cardiovascular, oncology, CNS, dermatological and anti–inflammatory.
TEVA's global structure is vertically–integrated with three main business segments, finishing dosage
generic pharmaceuticals, active pharmaceutical ingredients and proprietary branded
pharmaceuticals. TEVA's corporate structure is one of its core competencies. TEVA has a ... Show
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TEVA has policy guidelines in place, not policies. The engineers at TEVA, in the interviews we had,
were portrayed as exhibiting the one track mind set outlined in the book. TEVA 's chemical
engineers seemed to have tunnel vision, focusing on the project at hand and ignoring any
management involved in the process. The senior chemist for R&D that we interviewed gave a good
example. He gave the analogy of a football team where the team was pushed hard to produce but not
given the right tools. Without management (a coach) the projects demonstrate chaos. Engineers go
from extinguishing one fire to tackling the next one that pops up. The main problem was the lack of
management at TEVA. This is attributed to the mindset of the chemical engineers being above
businessmen, or not needing the experience of expert managers because they are engineers and feel
they can solve all problems themselves. TEVA operates on the assumption that yesterday's answers
will apply to future markets. TEVA's focus is on being lean, flexible and able to adjust quickly to the
market. They have to be to be first to receive approval on their drugs. However, with price being the
basis for competition and the lack of beaucracy and management, the waste that TEVA's culture
creates puts them at serious risk amongst their competitors. The way TEVA deals with a problem is
to throw money at it. In fact, there is so much money in the industry there really is no incentive to
cut costs. An

Essay on Merck Case Study
| Merck & Company Inc. | Case 1 | |
|
Introduction of the Company
Merck was established in 1891 to improve human and animal health through the development of
innovative products. Merck currently has two reportable segments, the Pharmaceutical Segment and
the Vaccines and Infectious Diseases Segment. Merck sells products through several channels
including wholesalers, retailers, hospitals, clinics, government and managed health services
providers. In the 1980's the Merck was very successful in producing 10 major new drugs and had a
very healthy pipeline. In later years, Merck has entered into joint ventures with many other
pharmaceutical companies in order to expand its pipeline. In the last several years Merck has ...
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In the last several years, Merck's individual R &D department has not been able to keep pace
with declining revenues from existing products. It is only through Mergers and Acquisitions that
Merck has supplemented this income. * Large Balance, $1.4B in goodwill on Merck's Balance Sheet
– the goodwill on Merck's balance sheet is primarily attributable to past acquisitions. * Almost $4B
in long–term debt on the balance sheet
* Patent Expiration – in the next four years, the two highest sales producing pharmaceutical
products will go off patent. Patents on Merck's Cozaar and Singulair will expire in February 2010
and August 2012, respectively, exposing about $8.2 billion worth of sales to generic competition.
This equates to about 35% of Merck's forecasted revenue in 2012 [and 29% of 2009 revenues]. *
Competitive Pricing – Merck is sometimes forced to lower prices of products, either ones that have
gone off patent to maintain market share in the product, as well as for products that are still on
patent in order to compete with rival products for the same treatment that are marketed by
competitors
The Internal Factor Evaluation Matrix
Based on the IFE Matrix, Merck registers a score of 2.5 which is an average score. This indicates
that Merck is steady in its control of the internal factors that affect its operations. It also indicates

Case Study On Lupin
INTRODUCTION THE LUPIN STORY: Named after the Lupin flower because it has qualities of
lupin flower. A pharmaceutical company having existence in US, India and Japan. The company is
known for research, its class apart manufacturing facilities, excellent supply chain, and well drafted
employee friendly HR Policies and Strategies. VISION "An Innovation Led, Transnational
Pharmaceutical Company" CORPORATE OVERVIEW Headquartered in Mumbai, India. Dr. Desh
Bandhu Gupta : Founder Motive of the company is to provide lifesaving drugs to the society and to
innovate the same. First came into picture for being the world's largest manufacturer of Tuberculosis
drugs. India's fourth largest drug maker by revenue. Stands on Rank 2 as an Indian pharmaceutical
company by market capitalization. Ranked as 14th–largest generic ... Show more content on
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This will definitely lead to employee retention. Issue: How to make scientists learn continuously?
Solution: Learning was built in the values of the organization and it has helped LUPIN to achieve its
objective easily. Additionally, opportunities for academic learning and participation in seminars etc.
were encouraged. Extracting Benefits from PhD Program: LUPIN's PhD program serves as an
excellent way of employee engagement and it was quiet productive as it is in the interests of the
employees, company and the university as all the employees are doing Phds in their areas of interest.
LIFE AT LUPIN: They consider people as their biggest asset and they say that their growth is only
dedicated to their employees. They are proud of their employees' passion and commitment to
company. They have incorporated HR policies in their company in such a way so as employees can
feel safe and comfortable and can focus on innovation, work and entrepreneurship within the

The Pharmaceutical Industry And Society
Abstract
The dependency of profits to promote sales to please shareholders and research and development of
new products seem to be the mindset of the pharmaceutical industry. It is without question that the
pharmaceutical companies only care about making a profit more than they do to help the people of
the United States. Pharmaceutical companies and doctors that represent them are only acting in their
own best interest; patients are the ones who are suffering the most. With that, new information being
produced it is not always being fully disclosed in the fine print, or the other option to the drugs they
take, this just only helps fuel business's.
This paper will tempt to tell the ethical issues of the relationship that the pharmaceutical ... Show
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Main concern of Pharmaceutical Industry Marketing and priorities of the pharmaceutical industry
have been a dilemma for years. Scare– mongering has been increased on the importance of drugs
(Shah, 2010). For example, executives at Mylan, a pharmaceutical company that owns Epipen,
reportedly reaped in nearly three hundred million in compensation from 2011 to 2015 (Tuttle, 2016).
Heather Bresch, the CEO of Mylan, was accused of jacking up the price by 600%; her response was
to blame the "broken health system", Obamacare, and the rise of high– deductible health insurance
plan. But should this be the case to do these to millions of families who can barely afford something
that take thirty dollars to make and jack the price up to seven hundred dollars? We live in a greedy
nation that is only there to take from one another. When people see this you can only think of how
the pharmaceuticals being an "industry" it basically prioritizes that revenue comes before the needs
and cures to the human society.
Advertizing, only help boost with sales, with the previous example it was noted that it was
encouraged that the states to be required to purchase these Epipen's to fight life–threatening allergic
reactions. It so happens to be that the CEO of Mylan, mother was on the National School Boards
during these years. It also does not hurt to have your dad as the

Actavis Pharmaceutical Company Essay
I– Introduction
A. The companies that were chosen and why
Actavis was the organization I decided to conduct my research on due to the company being a
pharmaceutical company, with the pharmaceutical company on the raise in the economy and many
insurance and doctors leaning towards generic brand medicine Actavis was a great pick for me to
start my career and do my research on them as well to give me an idea of how the pharmaceutical
industry works. Business management is currently my major and I fore see myself working as
business administrator or a human resource coordinator, with the position of contracts Administrator
opened I figured this is a great opportunity for me to kick start my career in the pharmaceutical
industry. With the ... Show more content on Helpwriting.net ...
Even after the acquisition by Watson there was no name change to the company, previous sites were
still named Watson and Actavis was still in existence until January of 2013 when Watson adopted
Actavis Inc., as the name to be used and a new symbol ACT as its new trading symbol.
III– Interviews
Organizational requirements
The job description; Documentation Specialist 11283BR
Summary: Employee will manage contracts that relates to purchases and sale of products including
and not limited to, bids and awards, as well as customer service initiative. Assures compliance and
good customer relations regarding contract terms;
Essential Job Functions; Performs contract administration and manages national account assigned,
follow up with all contract portfolios including rebate programs and bid proposals; follow federal,
state and local procedures when performing all contract bids; carry out all company policies,
procedures and responsibilities on a daily basis to develop strong customer relation with clients.
Required Knowledge and skills: Current good manufacturing practices (cGMP), Food and Drug
Administration (FDA), and regulatory requirements. Data collection and analysis procedures and
computational methods. Company policies and procedures, including safety rules and regulations,
current company pricing policies and contract process including chargeback polices and process.
Skills: Implementing goals, objectives and

The New Walgreens Boots Alliance
The New Walgreens Boots Alliance
The first phase of the merger between Walgreens and Alliance Boots began in 2012 when Walgreen
Co. bought 45% stake in Boots for $6.7 billion with the option to buy the remaining 55% within 3
years (Walgreens Boots Alliance, 2015). Shareholders approved the 2nd half of the merger on
December 28, 2014 (Walgreens Boots Alliance, 2015). Walgreen Co. purchased Alliance Boots
remaining stock for $15.3 billion (Walgreens Boots Alliance, 2015). Walgreens Boots Alliance
common stock began trading on the Nasdaq stock exchange under the symbol WBA December 31,
2014 (Walgreens Boots Alliance, 2015). Under a reorganization merger agreement approved by
Walgreens shareholders, Walgreens became a wholly owned ... Show more content on
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The recent merger has increased Walgreens Boots Alliance' retail pharmacy network, which now
spans throughout the United States, Europe, Latin America and Asia. The merger gives Walgreens
Boots Alliance opportunities in many developing and underserved markets throughout the world.
The global enterprise integrated the largest drugstore chain in the USA, the market leader in
European retail pharmacy and Allithe leading international wholesaler and distributor. Collectively,
Walgreens Boots Alliance has a presence in more than 25 countries, over 12,800 stores, 370,000
employees and more than 340 pharmaceutical distribution centers that serve over 180,000
pharmacies (Walgreens Boots Alliance, 2015). Additionally, the merger brings together several
unique brands, wholesale, service and product brands, and the world's largest pharmaceutical
wholesale and distribution network. In April 2015, shareholders decided that Walgreens Boots
Alliance would be housed in Deerfield, Illinois at Walgreens corporate headquarters.
Walgreens Boots Alliance Leadership
For proprietary reasons, Walgreens does not provide detailed information on specific topics, such as
their corporate strategy, internal systems and corporate structure ((Walgreens Boots Alliance, 2015).
At Walgreens Boots Alliance, Shareholders select the Board members to oversee and direct the
affairs of the Company in the interests of enhancing the long–term value For Walgreens Boots
Alliance. The day–to–day operations

Gilead Sciences
Gilead Sciences, Inc. headquarters is located in Foster City California. Gilead Sciences was founded
in 1987, the current CEO is John F. Milligan Through the history of this company, Gilead Sciences
has introduced 26 drugs to the commercial market across five main therapeutic areas. While the
therapeutic areas cover HIV/AIDs, Liver Diseases, Hematology/Oncology, Cardiovascular and
Inflammation/ Respiratory indications; the company is best known for their work with HIV/AIDS
and Liver disease. As for the development pipeline, this company currently has 35 clinical drugs; 8
phase III, 19 phase II and 8 phase I products progressing through clinical trials. This paper will
review Gilead Sciences, Inc. as an organization in the biopharmaceutical ... Show more content on
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When implementing systems, the projects are IT driven, business is consulted late and functionality
is not a priority. Unfortunately Gilead is a great case study of what not to due when considering
corporate business intelligence programs. Business Intelligence means "leveraging information
assets with key business processes to achieve improved business performance. It involves business
information and analysis that is used within the context of a key business process, supports decisions
and actions and leads to improved business performance" (Williams, S. & Williams, N.,2010). For
this to work, business processes must be in place and supported by management; not the case for

Antitrust Practices and Market Power
Antitrust Practices and Market Power
Introduction The purpose of this paper is to look into a case of antitrust behavior being investigated
involving Johnson and Johnson and Novartis AG, and to analyze and discuss the various antitrust
practices that the organizations involved are accused of utilizing. Its purpose is also to discuss how
the practices being deployed in this scenario can help any of the organizations to secure market
power, which is defined by the ability of a firm to profitably raise the market price of a good or
service over marginal cost (Market Power). Finally, it will also discuss the impact that an oligopoly
in this case has on society, and will determine whether such scenarios are helpful or harmful to ...
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The article also quoted a representative of the European Union (EU) as stating that the competition
arm of the EC would investigate whether contractual arrangements between the companies may
have had the object or effect of hindering the entry on to the market of generic versions of Fentanyl
in the Netherlands (Whalen, 2011).
Effects of Antitrust Behavior by Johnson & Johnson and Novartis AG
Restricting market access to a generic drug provider by way of a contractual agreement or deal
results in financial implications for all entities involved in the deal. The oligopoly–holding company
would incur large expenses as a result of making a payout to the generic drug maker for delaying
release of their product. The generic drug maker would certainly benefit from receiving the payout,
however at the expense of losing any market share gained up to that point. From the point of view of
the consumer, no longer having access to a specific drug that was effective at treating a particular
condition could result in harm or hindered treatment. It is important to note that not all alternatives
of the same drug will always have the same effect. If upon completion of investigation both J&J and
Novartis are found guilty of antitrust behavior, both entities and perhaps key decision–making
figures could be subject to hefty fines and even incarceration, which are typical sentences for

Sharing For Generic Abuse Analgesic Opioid Analgesic Drug...
sharing for generic abuse–deterrent opioid analgesic drug product and require Medicaid services or
a managed care organization to be compliant with the new sections to the bill ( Kentucky.gov, 2015).
Bill #HB 330(BR–990) was filed and introduced into committee on Tuesday February 2nd, 2016
and sponsored by Addia Wuchner, Joni Jenkins, Linda Belcher, Regina Bunch, Kelly Flood, Kim
King, Martha Jane King, Mary Lou Marzian, Donna Mayfield, Marie Rader, Rita Smart, Diane St.
Onge, Susan Westrom and Jill York (Kentucky.gov, 2015). The bill was reassigned to the Health and
Welfare Committee and posted on February 4th, 2016 (Kentycky.com, 2015). "Approximately half
of the bills introduced each session never get out of committee (Kentucky.gov, 2015). Currently bill
#HB 330(BR–990) remains with the Health and Welfare Committee. Improvements in United States
Healthcare "Americans account for 99% of the worlds hydrocodone consumption, 80% of the
worlds oxycodone consumption and 65% of the worlds hydromorphone consumption, according to
the New York Times" (Elkins, 2015). Pain killers are one of the most abused drugs in the United
States. "Every year, prescription pain killers cause more than 16,000 deaths and 475,000 emergency
room visits" (Elkins, 2015). The proposed bill HB 330(BR–990) will be beneficial to the healthcare
industry. One step that has been made to deter drug abuse is the development of opioids that are
formulated to deter abuse. "An abuse–deterrent formulations

Fall of Ranbaxy
RANBAXY'S FALL FROM GRACE INTRODUCTION Ranbaxy Laboratories Limited (Ranbaxy)
is a research based international pharmaceutical company serving customers in over 150 countries.
The company was incorporated in 1961 and it went public in 1973.In 1998 Ranbaxy entered the
United States which is the largest pharmaceutical market. In 2008 Daiichi Sankyo a leading
pharmaceutical innovator, headquartered in Tokyo, Japan acquired a controlling share in the
company. Ranbaxy produces a wide range of quality, affordable generic medicines across many
countries. It has ground operations in 43 countries and 16 manufacturing units spread across 8
countries. Its market presence spreads ... Show more content on Helpwriting.net ...
Even though the US regulator warned the company about its practices, the company failed to solve
the problem. A complaint filed with the US District Court had alleged that the norms were not met
by the company even in its facilities in US. In 2008 FDA issued two warning letters to Ranbaxy and
an import Alert for generic drugs manufactured in two manufacturing plants in India. Some batches
of drugs were called back due to contamination (presence of glass particles).But Ohm Laboratories,
Ranbaxy's US subsidiary, failed to give required reports to FDA. These violations were found when
Ohm Laboratories' Gloversville facility was inspected. Ranbaxy's attempt to make corrections was
inadequate. According to Nirmal Bang Senior Research Analyst Praful Bohra," the company needs
to strengthen its internal processes immediately and ensure that the quality of medicines do not
suffer at all. There should be stricter surveillance and accountability." Another industry analyst with
a consulting firm reiterates, "In the business of medicine, quality comes first and you just cannot
take a risk with that. When you are in such a crisis, even a small suspicion can play spoilsport." But
Ranbaxy continued to be lax in trying to restore its credibility and failed to bounce back. Lack of
accountability on the part of the company has left the investors doubtful. Even the employees have
lost their morale with many of

Factors Affecting The Generic Drug Industry
Spending growth in generic drugs has slowed considerably from 42% in 2011 to 10% currently. IMS
Health predicts the growth to maximize at 90% of the prescription market (Salazar, 2015). Though
there is not much room between generic drugs currently representing 83% of prescription drugs and
the predicted 90% maximum, the next twelve months appear a safe investment period for the
generic drug industry when considering the currently growth rate. Many factors influence success in
the generic drug industry; among the influences is the need for an alternative to higher priced brand
name drugs. This was the original purpose of generic drugs. Initially, generics offered a considerable
price benefit over brand drugs – with a reduction of at least 60% for specialty drugs and 80% for
oral prescriptions (Taylor, 2015). Recently, the rising cost of generics has drawn much scrutiny.
Many factors contribute to the increased cost of generics. According to Salazar, increased product
quality regulations, less new products entering the market, inflation, and the increased number of
former prescription drugs being offered over–the–counter have all lead to higher generic drug
pricing. An additional motive for the increased cost of generics may be pure greed. Price hikes as
exorbitant as 5000% have occurred in recent months in some generic drugs. Taylor attributes the
price hikes to the increased need for innovation and the lack of competition in generic drug
manufacturers. These

The Competitive Landscape Of The Industry
INTRODUCTION To understand the competitive landscape of the industry in which one is
competing, it must understand how to formulate strategies that will create a profitable business. A
business must know what it is good at to be able to effectively have a competitive advantage over
other businesses within that industry. The profitability of Mylan Pharmaceuticals largely depends on
their ability to discover and market new drugs. The desire to cure illness and disease is what
demands pharmaceutical companies like Mylan to be empowered to do their very best. Companies
like Mylan Pharmaceuticals, profit from their economies of scale in research, manufacturing, and
marketing. A competitive strategy analysis will show why Mylan Pharmaceuticals is one of the
leading generic and specialty drug manufacturing companies in the world. MYLAN
PHARMACEUTICALS In 1961, Mylan (Milan in the beginning) started their business in White
Sulphur Springs, West Virginia. From the back of a Pontiac Bonneville, Army buddies, Milan
"Mike" Puskar and Don Panoz, started distributing their products to doctors and pharmacists
("About Us," 2015). In 1965 Mylan moved to Morgantown, West Virginia, and in 1976 it relocated
its corporate headquarters to Pittsburgh suburb Canonsburg, Pennsylvania, and then to its final point
in 2004 in Southpointe, in Cecil Township (Adam, 2013). Mylan is one of the top leading global
pharmaceutical companies in the world. Their medicines include generic and brand name

Summary: The Generic Drug Maker Mylan
This article discusses the generic drug maker Mylan and its long term earnings outlook going
forward. Mylan is a generic drug manufacturer that sells roughly 600 drugs in the US market and
just over 1,400 drugs around the world. Total revenues expected for 2016 is roughly $11 billion and
the average expected earnings per share is $4.74 per share. $5.34 is next year's average expected
earnings per share, according to Yahoo Finance. However, these earnings estimates do not include
the likely penalties from the antitrust lawsuits or the impact from penalties resulting from
underpayment of Medicare / Medicaid EpiPen rebates. I bought Mylan early in February of 2014
after reading several articles on Seeking Alpha and doing my own research and due

Global Context Of The Pharmaceutical Industry
In recent years there has been much discussion both within Australia and internationally on the
extent to which countries benefit from international trade agreements. In this case study we aim to
focus on the global context of the pharmaceutical industry, in particular the effect of governmental
intervention through the use of international trade agreements, highlighting the problematic patent
system and how it affects the market place both internationally and domestically.
I. The Pharmaceutical Industry
The pharmaceutical industry is a knowledge based and technology intensive industry that develops,
produces and markets pharmaceuticals for use as medications on a world wide scale. Pharmaceutical
companies involve both branded and generic products that are governed by a variety of laws
concerning the patenting, effectiveness and marketing of pharmaceuticals.
Australia
The Australian pharmaceutical marketplace comprises of many differing firms across the numerous
sub–industries relating to the production and distribution of medications. Pharmaceuticals are one of
Australia's major manufactured exports with $3.9 billion in 2012–2013, employing approximately
16,500 people. The industry receives substantial support from the Australian Government through
both the Pharmaceutical Benefits Scheme and the research and development tax incentive.
Despite its comparatively small population, Australia consumes a large amount of medicinal
products with sales to

Generic Drug Sector Of The Healthcare Industry
The principles of supply and demand pertain to any economic policy, and the generic drug sector of
the healthcare industry is no different. The alignment, however, is an anomaly to schools of thought
that we are accustomed to. Demand for generic drugs in the United States is unquestionably high.
Designed to help offer lower cost options for medications, this market provides financial relief for
individuals who need medication to help with a common virus or a life–threatening illness. The
disparity of medication costs can be significant for generics, with estimates that costs can be around
80 percent lower than brand name drugs (McGee, 2015). This drastic reduction in prices when
changing medications to generic form is the cost effective measure consumers are attracted to. As
demand levels are safe since consumers need drugs for a variety of reasons, prices have risen to test
the threshold of acceptance. Drug manufacturers will change prices to reflect their perception of
what a market can bear. Medications have been the topic of much debate recently, with increases
rising as high as 5000 percent this year (Velshi, 2015). Supply, on the other hand, is not so directly
outlined for the generic drug sector. Across the board, generic drugs are high in demand and low in
supply. In 2010 alone there were 240 almost 650 different generic drugs that were of limited supply,
no supply, or on back order for almost a week (Ventola, p. 740). Sadly, there is no one particular

Generic Drugs : The Rising Cost
Emily Harling Ms. Wenzler Freshman Honors English 7 April 2015 Generic Drugs: The Rising Cost
"Historically, generic drugs have long been considered a vital weapon in the fight to contain soaring
health care costs. But in the past years, the price of many generics is disconcertingly moving in the
wrong direction, drawing the attention of Congress and pricing the wallets of consumers as well as
pharmacies and insurers" (Hirst). Generic drugs were introduced to help combat the rising cost of
health care and allow market competition for the brand–name drug. However lately, the price has
been increased. Due to big corporations wanting more profit, raw material shortages, and insurance
not covering the medical bills the prices have ... Show more content on Helpwriting.net ...
They are also typically making the generic prescriptions cheaper and more affordable. In the last
decade, generic drugs had saved consumers $1.2 trillion dollars. On the other hand, in January 2014,
the cost savings for generic medication slowed down from 30%, and 14% in February 2014
(Collins). Lately, generic medication has been similar to prescription medication in price, causing
the medication to be bought as much as the other products. The big corporate companies are also
playing a game of monopoly with the consumers, the price and the generic drugs. They reduce the
number of manufactures for a specific type of generic medication to just one manufacturer to reduce
the competition and for that one company to earn more profits in the end result. The corporations
use more complex methods of delivery for their products, including injections and transdermal
patches, to drive up prices (Collins). Since medications need materials to produce the right
medication, there can be raw material shortages, which cause many consequences. The prices of
these medications can increase and drug manufacturers opt to discontinue a line, which presence of
their other manufacturers, resulting in pricing pressure, and it cuts into profits. The medical
advances make drugs to become more expensive, and difficult to imitate, which causes fewer
companies willing to invest in making generic versions of the brand–name drugs that move off
patent

International Laws And Its Effects On Public Health
Patents have always been a burning topic of discussion due to its mixed response in the human
society. Some people eulogize patents at the same time some criticize it for the impact on public
health. Companies that develop and market patented drug always commends about the essential
benefits of developing drugs to the society. In contrast, consumer always complains about the
patents being the rationale behind unreasonably high price of the life–saving drugs and its limited
access.
Although there is a continuous debate pertaining to this matter, International laws has made the
patent mandatory. This law governs only for those countries who are the members of the World
Trade Organization and falls under the WTO side agreement known as ... Show more content on
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These information includes their scientific, legal and commercial aspects corresponding to patent
requirements. Second part of the book is more focused on international legal system related to
global access to medicine. Finally, the third part of book, which emphasis on the change over time
brought about into the legal system pertaining to the patent right to make the medicine easily
accessible globally.
First chapter tells us about the drug development process. This chapter illustrates the difference
between patented and generic drugs, how they are made, approved and sold in market. Further, this
chapter explains the legal formalities related to the protection of these drugs and different laws of
countries pertaining to the marketing of these drugs.
Second chapter is based on the basic concepts of patent rights. This chapter has tried to explain the
preexisting beliefs of some countries related to international patent laws. Most of the beliefs were
concerning the operational model of patent–owning pharmaceutical companies, which according to
them isolate themselves to maximize their own profit by acting as monopoly. They also talked on
the issue related to international exhaustion and parallel importation i.e. the supply of the patented
product available in one country to be imported to other country without breaching patent law.
Chapter three explains the formation of TRIPS as the stepping stone of all the international laws

Generic And Name Brand Drugs
While recent advancements in modern medicine have turned it into a field of competition between
generic and name–brand drugs, these drugs show very slight differences in ability while they have a
large difference in price. The FDA is in charge of overseeing the creation of these generic and name
brand drugs. Too much diversity in their results is unacceptable to FDA so they keep a close watch
on the makeup and effectiveness of the drugs and how they impact the human body. Along with the
differences in their chemical makeups shown by the results of each drug there are the social issues
that accompany the name–brand and marketed drugs vs. the generic drugs which are never
advertised and only sold. The idea that and almost identical product ... Show more content on
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Both of those companies were under another company called boots who, up until 1986, held the
patent rights to ibuprofen. After 1986 many generic–brand labels began to produce ibuprofen. The
rise in generic ibuprofen completely shut out all but one of the name brand producers of ibuprofen
as shown by the disappearance of Nuprin. Generic drugs have destroyed the market for name–brand
drugs by being cheaper and just as efficient "When a generic drug product is approved, it has met
rigorous standards established by the FDA with respect to identity, strength, quality, purity, and
potency. However, some variability can and does occur during manufacturing, for both brand name
and generic drugs. When a drug, generic or brand name, is mass–produced, very small variations in
purity, size, strength, and other parameters are permitted. FDA limits how much variability is
acceptable" (FDA). This lack in difference of quality has allowed generic drugs to out sell many
name brand drugs since people understand that what they are buying are practically the same thing
so why would they buy anything more expensive. "Generic manufacturers are able to sell their
products for lower prices because they are not required to repeat the costly clinical trials of new
drugs and generally do not pay for costly advertising, marketing, and promotion. In addition,
multiple generic companies are often approved to market a single product; this creates competition
in the market place,

Test
Pharmaceutical pricing The new drugs war Patents on drugs are in the interests of the sick as well as
the industry. Protection should not be weakened Jan 4th 2014 | OF ALL the goods and services
traded in the market economy, pharmaceuticals are perhaps the most contentious. Though produced
by private companies, they constitute a public good, both because they can prevent epidemics and
because healthy people function better as members of society than sick ones do. They carry a moral
weight that most privately traded goods do not, for there is a widespread belief that people have a
right to health care that they do not have to smartphones or trainers. Innovation accounts for most of
the cost of production, so the price of drugs is ... Show more content on Helpwriting.net ...
America–home of most of the world's big pharma, whose consumers pay the world's highest prices
for drugs and thus keep down prices for others–wants to use the TPP to restrict such compulsory
licences to infectious epidemics, while emerging–market countries want to make it harder for drug
firms to win patents. The resurgence of conflict over drug pricing is the result not of a sudden
emergency, but of broad, long–term changes. Rich countries want to slash health costs. In emerging
markets, people are living longer and getting rich–country diseases. This is boosting demand for
drugs for cancer, diabetes and other chronic ailments. In emerging markets, governments want to
expand access to treatment, but drugs already account for a large share of health–care spending–
44% and 43% in India and China respectively, compared with 12% in Britain and America.
Meanwhile, a wave of innovation is producing expensive new treatments. In 2012 American
regulators approved 39 drugs, the largest number since 1996. Cancer treatment, especially, is
entering a new era (see article). Blurred lines During the peak of HIV, the arguments for compulsory
licensing were strong, for drugs should be made as widely available as possible during an epidemic
to prevent it from spreading. But compulsory licensing also discourages innovation, and will do so
increasingly as emerging markets make a bigger contribution to pharmaceutical company revenues.
What is more, as such

Implementing Generic And Generic Drugs
INTRODUCTION
Over the last few years, the United States Supreme Court has struggled to determine when a
manufacturer is liable, and should be held accountable, for violating the duty to warn consumers
about the dangers associated with brand and generic drugs through their labeling. Further, the Court
has grappled with determining which channels are available to consumers when a drug manufacturer
breaches their duty. With the swarm of inconsistencies set forth by the Court in each newly decided
case, and a proposed rule regarding generic "changes being effected" preparing to take effect Fall
2015, it is difficult to determine if the necessary guidance for drug manufacturers and consumers has
been provided.
Pharmaceutical drug ... Show more content on Helpwriting.net ...
Second, laws such as the "learned intermediary doctrine" state, and courts have widely held, that a
prescription drug manufacturer 's duty to warn runs to the physician, the 'learned intermediary ', not
directly to the patient. Only one state, New Mexico, has rejected the doctrine calling it "outdated"
due to the recent increase in direct–to–consumer marketing. The Court has struggled to define the
distinction, if any, between generic and branded drugs in terms of state tort liability and failure to
warn claims. In Wyeth v. Levine, the Court decided that the FDA's drug labeling requirements for
brand drugs do not preempt state tort claims related to the dissemination of safety information. In
essence, brand name manufacturers will be held liable for failure to update their warning labels in an
effective and efficient manner. Just two short years later, the Court contradicts its decision in Wyeth,
and defines a distinction for generic drug products, which applies federal preemption principles in
Pliva v. Mensing. Finally, in Mutual Pharamceutical v. Bartlett, the Court effectively barred generic
failure to warn, and defective design claims in state courts. Currently, under state law, generic drug
product

Trips Have Been Adopted with a View to Encourage Fair...
MASTER OF BUSINESS ADMINISTRATION
ECON 1102
REGULATORY INSTITUTIONS OF THE WORD ECONOMY
Trade–Related Intellectual Property Rights (Trips) Have Been Adopted With A View To Encourage
Fair Competition At The International Level, But Trips Rules Tilt The Balance In Favour Of
Imperfect Competition With Each Country And Exacerbates International Inequalities. (Discussion
With Reference To Pharmaceutical Industry)
Name of Lecturer : Rajendran K S Name of Student : Nilesh Singh Date of Submission : 6 May
2011
Table of Contents
1. | Introduction | 3 | | 1.1 Main Objective of This Essay | 3 | 2. | Role of TRIPs in International
Market | 3 | 3. | Why Intellectual Property Rights (IPRs) is Important? | 4 | ... Show more content on
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Chairman and Chief Executive of leading European pharmaceutical enterprises, Nourtis:
Profit in pharmaceutical industries is not possible without patents and without patents innovation,
research and development of new life saving drugs and medicines suffers (Winestock and Cooper,
2001, p. 1). Without incentive Research and Development (R&D) cannot be done, and this
incentive is provided by strong IPRs. According to Grabowski, H. (2002) the total cost of doing
researching and developing new drug along with the costs of capital and failed R&D is more
than US$400 million. In the absence of strong implementation of IPRs and R&D costs,
investors will not be ready to invest in R&D.
According to Dam (1994, P. 247), the copping of intangible assets are very easy and this will result
in free copying of innovation by imitators at a low cost. Patent which is one of the way of IPRs,
helps to motivate innovation and R&D by giving assurance to innovator total and exclusive
rights, these rights include manufacturing right, selling or maintaining, distributing or licensing to
distribute the invention. If patent laws in not available in pharmaceutical market no investors will
ready to do investment in R&D and the risk is so high that competitor will copy the good and
services with less risky investment (Ryan and Shanebrook, 2004, pp. 15, 16).
The main aim of Jordan's Patent Law before 1999, was availability of easily

Benefits Of Using Generic Drugs For Cancer And Autoimmune...
In 2014, it was estimated that Americans spent over $373 billion on pharmaceuticals, which is an
increase of 13 percent and considered the highest increase since 2001. With the Affordable Care Act
in place, it is estimated that patients filled approximately 24 percent more prescriptions in 2014 than
in 2013. There are several reasons to account for this spending growth. The first is the increased
spending of $20 billion on new medication brands. Secondly, over 161,000 people started treatment
for hepatitis C treatment, which is approximately ten times more than the previous year. The third
reason is an increase for recent innovative treatment for cancer and autoimmune diseases
(IMShealth.com, 2015). With health care spending continuing to rise, Americans have at least three
options to help reduce out–of–pocket expenses. Cost–saving methods include switching from brand
name drugs to generic medications, discussing potential alternative medications that are less
expensive with healthcare providers, and rallying lawmaker to change current laws to restrict the
amount pharmaceutical companies can charge for medications.
Generic Drugs
In 2012, the Food and Drug Administration (FDA) reported that in 2004, the "average price for
generic prescription drug was $28.74, while the average price of a brand–name prescription drug
was $96.01." The FDA recognizes that the high price of medications puts the public at a high health
risk. To help Americans be able to have access

Epipen Case
On the Price Increase of EpiPen Injectors Currently, the company that owns the EpiPens own about
ninety percent of the EpiPen market. This allows them to change the prices any way they want. In
this case, they choose to raise the price to even newer heights. The price of the EpiPen has never
been so high. The prices are so expensive a person that is required to use an EpiPen when needed
might not be able to obtain one. An EpiPen is needed to save the life of a person experiencing an
extreme allergic reaction. The price increase is preventing people from being able to afford EpiPens,
because of this, it is affecting the people that need to carry an EpiPen with them at all times. Epipen,
a powerful and necessary injection that ... Show more content on Helpwriting.net ...
It was announced that Mylan will soon release a generic version of the epinephrine injectors and it
almost cuts the price in half. Committee Chairman Jason Chaffetz of Utah stated, "the actual juice
that's in here that you need costs about a dollar." Of course, Mylan still has extremely high prices for
this relatively cheap product. Another way Mylan wants to help cut prices is by offering $300
coupons to those who need them. The only people that receive these coupons are the ones whose
insurance does not cover the cost of the EpiPen

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