Document Type

Article

Publication Title

Northern Illinois University Law Review Supplement

Abstract

Pharmaceutical companies are subject to monopolies of their own making in the pharmaceutical market. Legislators have tried to limit these monopolies by passing legislation in the hopes that it will lower prices. Unfortunately, these attempts to lower the costs of prescriptions have caused more issues to arise over time. When employing complex aspects of intellectual property law, such as evergreening and product hopping, there is no control exerted over pharmaceutical companies.

These monopolies in pharmaceutical markets exist because by the time generic products can enter the market, they have already become outdated. When the generics become outdated, they lose their benefits. The control these companies have over the pharmaceutical market allows the manufacturers to exploit their monopolies via price gouging. Legislators have turned to hoping generic brand companies have good intentions in having lower prices than brand name products to assist consumers. Grounding any potential remedies to these issues in intellectual property law and antitrust law will make legislation more effective. Introducing and passing new legislation is difficult if legislators do not understand the intricacies of intellectual property.

First Page

1

Last Page

26

Publication Date

5-1-2025

Department

College of Law

ISSN

0734-1490

Original Citation

Madelyn Bird, Note, The Road to Hell Is Paved with Good Intentions: Patents, Pharmaceuticals, and Price Gouging, 15 N. Ill. Univ. L Rev. Supplement 1 (2025).

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