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3 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