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7 publications

SPC : The End of Neurim ?

Nicolas BOUQUIN, French & European Patent Attorney and Anne BOUTARIC, Partner and French & European Patent Attorney
Bouquin_Boutaric_small.jpg The Court of Justice of the European Union issued this Thursday its judgement in Santen (C-673/18, Santen SAS / Directeur général de l'Institut national de la propriété industrielle), a decision with very important implications for all actors in the pharma sector.
Published on: 13th Jul 2020

SPC

The NEURIM approach may be restricted or even dismissed. Once again, an advocate general recommends a reversal of jurisprudence. What will the Court's position ultimately be?

By Anne BOUTARIC, Partner.
BOUTARIC_SEARCH.jpg The NEURIM decision opened the possibility to grant SPC for subsequent therapeutic indications of a known active ingredient. This decision, comprising indefinite concepts subject to interpretation, has undermined the objective that Regulation No 469/2009 is uniformly implemented within the European Union. Three requests for a preliminary ruling have since been lodged at the Court of Justice of the European Union leading to the Abraxis judgment delivered on March 21, 2019 and to the Santen case, C-673/18, in progress, in which the Advocate General delivered its opinion on January 23, 2020. The third further pending referral is the Novartis case, C-354/19.
Published on: 28th Jan 2020

SPC

What impact will a BREXIT without a withdrawal agreement as of March 30, 2019, have on your supplementary protection certificates?

By Anne BOUTARIC, Partner.
BOUTARIC_SEARCH.jpg UK MPs overwhelmingly rejected the negotiated exit agreement of the EU by 432 votes against 202 on January 15, 2019.
Published on: 11th Feb 2019

SPC

The Unpatentability of a Dosage Claim is no Longer a French Exception

By Anne BOGARD BOUTARIC, Partner
v2191-Anne BOUTARIC.jpg There is no doubt that substances or compounds used in medical treatments are explicitly recognised as meeting the criterion for patentability.
Published on: 25th Feb 2015

The product covered by an SPC - a definition on a case-by-case basis?

By Anne BOUTARIC, Senior Associate
v2191-Anne BOUTARIC.jpg By only reading Council Regulation (EC) No. 1768/92, the definition of a product eligible to be covered by an SPC may seem clear. However, the scope of this definition is still being debated, and the MEDEVA decision requires more preliminary ruling.
Published on: 3rd Dec 2013

SPC

Enantiomers – Revocation of a patent on enantiomer (-) for lack of enablement

By Francis Ahner, Partner and Anne Boutaric, European and French Patent Attorney
Recently, the validity of a patent claiming an enantiomer of a known racemic compound was discussed for the first time before the Paris Court (Tribunal de Grande Instance – 1st instance; decision issued on October 6th, 2009).
Published on: 22th Oct 2009

Directive 2004/48/CE of 29 April 2004 on the enforcement of Intellectual Property rights : implementation in France - definitive bill adopted by the Parliament

v2191-Anne BOUTARIC.jpg The measures are facilitated in order to prevent the continuing alleged infringement of intellectual property rights before obtaining a decision on the merits, such as an interlocutory injunction.
Published on: 7th Jul 2009