Parallel trade of pharmaceuticals in the EU

Zeveg Anar (2018) Parallel trade of pharmaceuticals in the EU. Külkereskedelmi Kar.

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Absztrakt (kivonat)

The following thesis analyses the state of the United Kingdom's parallel trading in pharmaceuticals post and prior to the withdrawal from the European Union. In order to make the thesis feasible, limitations were set to the 'no-deal' scenario only concerning the of the departure of the UK from the European Union. Parallel trade in pharmaceuticals is an often discussed topic when it comes to international trade in pharmaceuticals since the nature of the business distributes trademarked or patented pharmaceutical products without the consent of the patent or trademark proprietor, however despite the criticism the business is considered to be legal. In order to understand the intricated situation in the UK thoroughly, it was necessary to build up to it in a well thought out order. Therefore, the thesis begins from the birth of the European Single Market, in particular, the 'free movement of goods' which is a fundamental stepping stone, which made this type of trade possible. Before touching upon the situation in the UK, the 2nd chapter of the following thesis provides detailed definitions accompanied with a visual aid to simplify the complexities of parallel trade for the reader. Furthermore, in the same chapter, I have constructed a SWOT table with the help of Dr.Kóczian Béla, who is an expert in the field and the co-founder of Pharmaroad KFT a Hungarian pharmaceutical parallel distribution firm. Moreover, I have provided all of the subsidiary matters that I see fit, all of which are of high importance such as repackaging and relabeling of pharmaceutical products when it comes to parallel trade. To close this chapter me and my supervisor have decided to include a case study of Case C-443/99, which is related to trademark infringements concerning parallel importation. The legislative framework related to the thesis topic is detailed in chapter 3 — a careful examination of intellectual property rights and the drug approval policy in the EU. In this chapter, I have endeavored to answer the second hypothesis related to intellectual property through a thorough analysis of Case 187/80 Merck & Co Inc. Vs. Stephar BV, which related to exhaustion of intellectual property rights. Lastly, in order to close the chapter figures are provided to show why parallel trade is practiced on branded medicine instead of generic. Chapter prior to the concluding one further develops the findings from the previous chapters and provides the benefits that occur from parallel importation of pharmaceuticals to the society, in particular to the national healthcare organizations in the case for UK parallel importation of pharmaceuticals made savings for the NHS from 2004 – 2009 €986.2 million. Moreover, through the 'clawback' local pharmacies have been able to obtain back 17.43% on average on expenses as a result of resorting to parallel imported medicine, which gives a clear answer to the first hypothesis. Lastly, with the knowledge on the topic obtained from the prior chapters I have endeavored to answer the main hypothesis, which states: No-deal Brexit will fuel parallel trade of pharmaceuticals in the UK. The hypothesis had been formed from the combination of the two facts mentioned in the first paragraph, owing to the fact that departure of the UK from the EU is inevitable, which excludes them from the European Single Market along with much other legislation that only applies for the EEA Members. With the assumption of 'no-deal' Brexit, the UK is to be considered as a 3rd country nation. Therefore, pharmaceutical products crossing the borders are to be charged by tariffs, and border delays may also increase expenses as some pharmaceutical products require to be kept under special conditions. The WTO Pharmaceutical Tariff Elimination Act eliminates and frees from being charged by tariffs 30% of the total active ingredients. However, the remaining 70% of the medicine is to be charged by tariffs, and import charges per annum totaled at £70.07. The calculation respected the export growth rate of pharmaceutical trade and utilized the average of the two limits of the tariffs that WTO rules suggested, which averaged at 5.5%. In 2015 from the total pharmaceutical market 9% had been parallel imported, which means the parallel importers of UK are to be charged £6.3 million per annum along with extra handling costs. In addition the following thesis analyses the viewpoint from the other side, in where UK based parallel distributors will undergo greater challenges and the potential cause 3000 people to lose jobs in the parallel distribution sector according to the official submission of the BAEPD members. As mentioned above, parallel trade deals with patented products without the consent of the patent proprietor, meaning that with the withdrawal from the EU, the UK is no longer subjected to the regional exhaustion principle, consequently the consent of the original drug manufacturer is needed in order to perform parallel trade, which not in his interest.

Magyar cím

Parallel gyógyszerkereskedelem az EU-ban

Angol cím

Parallel trade of pharmaceuticals in the EU

Intézmény

Budapesti Gazdasági Egyetem

Kar

Külkereskedelmi Kar

Tanszék

Nemzetközi Gazdaságtan Tanszék

Tudományterület/tudományág

NEM RÉSZLETEZETT

Szak

Nemzetközi Gazdálkodás

Mű típusa:	diplomadolgozat (NEM RÉSZLETEZETT)
Kulcsszavak:	Gyógyszeripar, Brexit, Európai Unió, Egyesült Királyság
Felhasználói azonosító szám (ID):	Szabó Zoltán
Rekord készítés dátuma:	2018. Nov. 29. 15:01
Utolsó módosítás:	2020. Már. 18. 12:02

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