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A patent ensures that the innovator enjoys exclusive marketing rights while others gain access to the information.
The designation provides seven years of exclusive marketing rights unless another treatment is found to be safer or more effective.
The manufacturer of the best-known morning-after pill, Plan B One-Step, has been granted exclusive marketing rights for three years by the Food and Drug Administration.
After exclusive marketing rights expire, copies (called generic drugs) enter the market, and the price usually falls to as little as 20percentt of what it was.
Prozac was once Lilly's best-selling drug and the world's top-selling antidepressant until the company lost exclusive marketing rights in 2001 and sales tumbled.
By putting out these me-too's, the companies can get new exclusive marketing rights on what are essentially the same old drugs.
Similar(21)
The broad question of how antitrust principles are effected in a legal regime that deliberately grants exclusive market rights to innovators is one that is particularly complex in the information era.
Cytogen, a biopharmaceutical company based in Princeton, N.J., will receive exclusive United States marketing rights to two Advanced Magnetics contrast-and-imaging agents.
"Our basic concern is that Miss Rowling has permitted Coca-Cola to have the exclusive global marketing rights to the Harry Potter film," said MARK JACOBSON, executive director of the Center for Science in the Public Interest, a consumer group.
The N.H.L. is not the only professional sports league that Getty pays handsomely for exclusive commercial marketing rights for images; it also has contracts with the National Basketball Association, Major League Baseball and other sports organizations, giving Getty special access to prime events like the N.H.L. finals.
Rafael Esquivel allegedly solicited approximately $1 million in 2007 from Traffic Sports for his continued support as exclusive holder of marketing rights to Copa América.
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