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A brave new world for supplementary protection certificates?

27 June 2012

The opinion of Advocate-General Verica Trstenjak in the case of Neurim Pharmaceuticals (C-130/11) has the potential to greatly increase the number of medical innovations that will qualify for supplementary protection in Europe.

The opinion of Advocate-General Verica Trstenjak in the case of Neurim Pharmaceuticals (C-130/11) has the potential to greatly increase the number of medical innovations that will qualify for supplementary protection in Europe. On the face of it, the opinion appears to be good news for the innovative pharmaceutical industry. However, a careful analysis of the opinion reveals potentially serious side-effects that may throw the SPC system out of balance in a way that is detrimental to the long-term interests of the industry.

When reaching their judgement later this year, it is therefore possible that the Court of Justice of the EU will wish to consider alternative "cures" that have fewer side-effects but that still avoid the harsh result for Neurim that is reached through application of the prior case law of that court, report Mike Snodin and Michael Pears."

This article appeared on pages 26 to 28 of Life Sciences IP Review, 2012.

 

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