eCite Digital Repository

Has the EU incentive for drug repositioning been effective? An empirical analysis of the +1 regulatory exclusivity


Liddicoat, J and Liddell, K and Aboy, M and Wested, J, Has the EU incentive for drug repositioning been effective? An empirical analysis of the '+1' regulatory exclusivity, IIC - International Review of Intellectual Property and Competition Law, 52, (7) pp. 825-851. ISSN 0018-9855 (2021) [Refereed Article]

PDF (Post print)

Copyright Statement

Copyright The Author(s) 2021. Post-prints are subject to Springer Nature re-use terms.

DOI: doi:10.17863/CAM.68712


EU law incentivises drug marketing authorisation holders (MAHs) to find new uses for their compounds (research known as "repositioning") by offering them an extra year of market protection if the new use is authorised. This extra year, known as the "+1", was enacted on limited evidence, and no study has examined its effect since it began. Yet, several leading commentators suggest lengthening the +1. This study assesses the effectiveness of the +1 by analysing all the relevant instances of MAHs repositioned their drugs before and after the +1 came into effect. The results show that: i) 42.2% of MAHs repositioned their drugs before the +1 came into effect, and ii) once the +1 did come into effect, it did not increase the percentage of MAHs that repositioned their drugs. This study finds that the +1 failed to increase repositioning and then proceeds to consider reform options, including repealing the law. In doing so, this study takes the first steps towards an evidence-based policy for the topic.

Item Details

Item Type:Refereed Article
Keywords:drug repurposing, regulatory IP
Research Division:Law and Legal Studies
Research Group:Law in context
Research Field:Law, science and technology
Objective Division:Law, Politics and Community Services
Objective Group:Justice and the law
Objective Field:Legislation, civil and criminal codes
UTAS Author:Liddicoat, J (Mr John Liddicoat)
ID Code:145085
Year Published:2021
Web of Science® Times Cited:2
Deposited By:Office of the Faculty of Law
Deposited On:2021-06-29
Last Modified:2022-06-07
Downloads:3 View Download Statistics

Repository Staff Only: item control page