Chapter Drugs Counterfeiting 2015
Corbel, P. « La lutte contre la contrefaçon dans les stratégies des entreprises du médicament » in H. Gaumont-Prat, Contrefaçon, médicaments falsifiés et santé publique, LGDJ, Lextenso éditions, February 2015, pp. 79-90
Abstract:
The links between management sciences and law as academic disciplines have long been relatively limited, despite subjects of common interest. This situation seems to be gradually changing, with a stream of strategy research exploring the role of legal capabilities in building competitive advantage on the one hand, and a stream of legal research focusing on legal instrumentalisation strategies on the other. One of the themes where links are most naturally formed is that of intellectual property rights. Work of a 'managerial' nature must obviously take account of the legal bases of these strategic tools. Lawyers studying these rights are also often interested in how companies (or other organisations for that matter) use them. Although there is a growing body of work on intellectual property strategies, it rarely focuses on counterfeiting.
Our aim here is to propose an integrated approach to the problem of counterfeiting, applied to pharmaceutical companies. We begin by outlining its basic principles, before applying it to the case of counterfeit drugs, and then presenting the main managerial implications that we have been able to identify.