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Pharmaceutical Industry Court of Justice of the European Union (CJEU)

BCLP

Paris Litigation Gazette Issue 2 - March 2023

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Welcome to the Litigation Gazette. Each quarter, BCLP's Paris team will keep you informed of the main litigation news in competition law, commercial litigation, labor law, IP/IT/Data and compliance....more

Jones Day

EU Anti-Counterfeit Regulation Does Not per se Allow Repackaging of Parallel Imported or Parallel Traded Pharmaceuticals

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In Short - The Situation: European Union ("EU") trademark law permits the repackaging of pharmaceuticals that are imported or traded in parallel from one Member State to another only in limited circumstances. In view of...more

MoFo Life Sciences

Relabeling vs. Repackaging: CJEU Backs Drug Manufacturers’ Position Against Parallel Importers

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In two recent landmark decisions, Novartis v. Abacus (C‑147/20) and Bayer v. kohlpharma (C-204/20), the Court of Justice of the European Union (CJEU) strengthened the position of drug manufacturers against repackaging...more

A&O Shearman

Parallel imports of repackaged medicinal products – when can brand owners oppose?

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Three cases handed down on 17 November 2022 by the EU’s highest court shed important light on the ability of brand owners to oppose the repackaging of medicinal products, particularly where anti-tampering devices are replaced...more

A&O Shearman

ΑG opines that all of Servier’s pay-for-delay deals were restrictions of competition by object

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On 14 July 2022, Advocate General (AG) Kokott delivered her much awaited (non-binding) Opinions in Cases C-176/19 P, Commission v Servier and Others and C-201/19 P, Servier and Others v Commission. ...more

McDermott Will & Emery

International News: Healthcare - Spotlight on the Industry - May 2021

Sovereign Wealth Fund Investment in the Global Healthcare Industry - Sovereign Wealth Funds (SWF) seek out investments that are resilient, conducive to their aims and objectives, and reasonably free from market...more

K&L Gates LLP

Brussels Regulatory Brief: September 2020

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ANTITRUST AND COMPETITION - The French Competition Authority Imposes a Record Fine of €444 Million on Three Pharma Companies for Collectively Exploiting Their Dominant Position - On 9 September 2020, the French Competition...more

Hogan Lovells

CJEU: pharmaceutical companies may not distribute free samples of medicinal products to pharmacists

Hogan Lovells on

On 11 June 2020, the Court of Justice of the European Union (CJEU) delivered a judgement in case C-786/18 GmbH v. Novartis Consumer Health GmbH. The judgment followed a request for a preliminary ruling by the German Federal...more

K&L Gates LLP

Brussels Regulatory Brief: February 2020

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ANTITRUST AND COMPETITION - The Court Of Justice Of The EU Rules Provides Clarity On The Assessment Of Pay-For-Delay Agreements - The Court of Justice of the EU (CJEU) has backed the UK Competition and Markets Authority...more

Hogan Lovells

The Court of Justice of the European Union provides clarifications on the assessment under competition law of pay-for-delay deals...

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On 30 January 2020, the Court of Justice of the European Union (CJEU) issued its decision on a request for preliminary ruling submitted by the UK Competition Appeal Tribunal (CAT) in a case concerning the long-standing...more

Hogan Lovells

International Products Law Review 2020: Issue 76

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We are excited to bring you issue 76 of our International Products Law Review with insights and updates on all aspects of products law. In this issue, we explore what businesses need to consider when making climate-related...more

Hogan Lovells

CJEU: Trademark use in clinical trials, no bar to non-use revocation

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This month, the Court of Justice of the European Union (CJEU) addressed a case of particular interest for pharmaceutical companies that are in the process of developing a new product. Regulatory and commercial considerations...more

Hogan Lovells

The Court of Justice clarifies the EU customs rules applicable to customs valuation

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The Court of Justice of the European Union (“Court”) just released its judgement in Case C-1/18 Oribalt Riga concerning the customs valuation methodologies applicable to generic medicines in the framework of consignment...more

American Conference Institute (ACI)

[Event] Pharmaceutical Patent Term Extensions – The Only Specialized Forum on SPCs and Patent Protection in Europe and Around the...

This year’s C5’s Pharma Patent Term Extensions Forum arrives at a critical time for the pharmaceutical industry. Overarching developments from the Teva U.K. decision (C-121/17) to the SPC Manufacturing Waiver and the most...more

McDermott Will & Emery

Brexit Update - March 2019

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SPECIAL REPORT - BREXIT: CHALLENGES AND OPPORTUNITIES - In this report, we explain some of the key legal implications associated with the United Kingdom leaving the European Union (EU) without a deal for future...more

McDermott Will & Emery

Annual EU Competition Review 2018

McDermott Will & Emery on

CARTELS & RESTRICTIVE AGREEMENTS - CJEU’S EYE-OPENING RULING ON ANTITRUST COMPLIANCE AND OFF-LABEL MISINFORMATION – C 179/16, HOFFMAN-LA ROCHE AND OTHERS V AGCM, 23 JANUARY 2018 – On 23 January 2018, the CJEU...more

Morrison & Foerster LLP

A Structured Guide to Recent Case Law of the Court of Justice of the European Union on Supplementary Protection Certificates in...

In principle, patents confer protection for a maximum of 20 years. In Europe, however, the patent terms for pharmaceutical products that meet the conditions necessary for supplementary protection certificates (“SPC”) can be...more

A&O Shearman

Teva v Gilead: AG rejects core inventive advance and scope of protection tests

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AG rejects core inventive advance and scope of protection tests in favour of a disclosure-based approach to Art 3(a) SPC Regulation - If the CJEU adopts AG Wathelet’s opinion, it will likely be more difficult for patentees...more

A&O Shearman

Excessive Pricing, ‘Pay-For-Delay’ and Rebates: A New Era of Enforcement in the Pharmaceutical Industry

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The European Commission (EC) and other national competition authorities (NCAs) have traditionally shied away from investigating allegations of excessive pricing and appearing as price regulators. Commissioner Vestager warned...more

K&L Gates LLP

CJEU Confirms: Supplemental Protection Certificate Application Requires Issued Marketing Authorization

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A recent decision of the CJEU in Europe raises concerns for pharmaceutical companies who wish to supplement the protection of their products with SPCs. With its decision C 567/16 the court follows a strict approach and...more

Hogan Lovells

International Product Liability Review - Issue 65

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The International Product Liability Review provides quality updates and comment from around the world on legal developments in the field of product liability and product safety. ...more

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