Pharmaceutical and phytosanitary research make decisive contributions to public health. Pharmaceutical and agrochemical companies expend enormous amounts of time and resources not only on protecting their IP rights but also on conducting research and then clinical trials to gain marketing authorization for their products in the countries where they are sold. That is why medicines and plant protection products benefit from supplementary protection certificates, so that protection lasts long enough to make research worthwhile.
ELZABURU's outstanding team of experienced lawyers and patent attorneys has the knowledge and skills to furnish full-service support to this sector of industry.
Change of doctrine in the application of TRIPS to a European process patent reconverted into a product. Judgment of the Spanish Supreme Court of 21 December 2015
Commentary of the queatipina case on pharmaceutical patents.
The "date of the first authorisation to place the product on the market in the Community" for the duration of an SPC. Judgment of the Court of Justice of 6 October 2015, Seattle Genetics (C-471/14)
Commentary of the Seattle Genetics case about the duration of an SPC.
European patent infringement. Equivalence test. Value of foreign case-law. Value of the EPO Guidelines. Judgment of the Spanish Supreme Court of 29 April 2015
Commentary of the escitalopram case about infringement of European patent.
An SPC cannot be obtained for a combination of products not specified in the original wording of the patent. Judgment of the Court of Justice of 12 March 2015, Boehringer (C-577/13)
Commentary of the telmisartán case on SPCs.
The interpretation of the "specific mechanism" in respect of parallel imports from the new Member States. Judgment of the Court of Justice of 12 February 2015, Merck (C-539/13)
Commentary of the so called "specific mechanism" provided for in the 2003 Act of Accession to the EU in respect of parallel imports of pharmaceutical products.