Supplementary protection certificate provisions for pharmaceutical and biotechnological products in europe

An era after Medeva and Georgetown decisions

Omkar Joshi, Archna Roy, Manthan Janodia

Research output: Contribution to journalArticle

3 Citations (Scopus)

Abstract

The Supplementary Protection Certificate (SPC) is a valuable intellectual property which allows its holder to maintain monopoly in the European Economic Area. The recent rulings by Court of Justice for Europe have considerably changed the understanding of the Article 3 of Regulation No 469/2009 which governs SPC provisions. The changes relating to the pharmaceutical and biotechnological products are of considerable importance for the innovator as well as generic companies. This article is an attempt to analyse the rulings involving pharmaceutical products before and after the Medeva and Georgetown cases and rulings. These decisions have an impact on the future strategies to be adopted by the innovator as well as generic pharmaceutical companies to be successful in European market, which is the second largest market in the world.

Original languageEnglish
Pages (from-to)378-386
Number of pages9
JournalJournal of Intellectual Property Rights
Volume19
Issue number6
Publication statusPublished - 01-01-2014

Fingerprint

pharmaceutical
certification
innovator
EEA
European market
court of justice
intellectual property
monopoly
regulation
market

All Science Journal Classification (ASJC) codes

  • Law

Cite this

@article{f240d7deb2d648ab980f88526656cd2b,
title = "Supplementary protection certificate provisions for pharmaceutical and biotechnological products in europe: An era after Medeva and Georgetown decisions",
abstract = "The Supplementary Protection Certificate (SPC) is a valuable intellectual property which allows its holder to maintain monopoly in the European Economic Area. The recent rulings by Court of Justice for Europe have considerably changed the understanding of the Article 3 of Regulation No 469/2009 which governs SPC provisions. The changes relating to the pharmaceutical and biotechnological products are of considerable importance for the innovator as well as generic companies. This article is an attempt to analyse the rulings involving pharmaceutical products before and after the Medeva and Georgetown cases and rulings. These decisions have an impact on the future strategies to be adopted by the innovator as well as generic pharmaceutical companies to be successful in European market, which is the second largest market in the world.",
author = "Omkar Joshi and Archna Roy and Manthan Janodia",
year = "2014",
month = "1",
day = "1",
language = "English",
volume = "19",
pages = "378--386",
journal = "Journal of Intellectual Property Rights",
issn = "0971-7544",
publisher = "National Institute of Science Communication and Information Resources (NISCAIR)",
number = "6",

}

TY - JOUR

T1 - Supplementary protection certificate provisions for pharmaceutical and biotechnological products in europe

T2 - An era after Medeva and Georgetown decisions

AU - Joshi, Omkar

AU - Roy, Archna

AU - Janodia, Manthan

PY - 2014/1/1

Y1 - 2014/1/1

N2 - The Supplementary Protection Certificate (SPC) is a valuable intellectual property which allows its holder to maintain monopoly in the European Economic Area. The recent rulings by Court of Justice for Europe have considerably changed the understanding of the Article 3 of Regulation No 469/2009 which governs SPC provisions. The changes relating to the pharmaceutical and biotechnological products are of considerable importance for the innovator as well as generic companies. This article is an attempt to analyse the rulings involving pharmaceutical products before and after the Medeva and Georgetown cases and rulings. These decisions have an impact on the future strategies to be adopted by the innovator as well as generic pharmaceutical companies to be successful in European market, which is the second largest market in the world.

AB - The Supplementary Protection Certificate (SPC) is a valuable intellectual property which allows its holder to maintain monopoly in the European Economic Area. The recent rulings by Court of Justice for Europe have considerably changed the understanding of the Article 3 of Regulation No 469/2009 which governs SPC provisions. The changes relating to the pharmaceutical and biotechnological products are of considerable importance for the innovator as well as generic companies. This article is an attempt to analyse the rulings involving pharmaceutical products before and after the Medeva and Georgetown cases and rulings. These decisions have an impact on the future strategies to be adopted by the innovator as well as generic pharmaceutical companies to be successful in European market, which is the second largest market in the world.

UR - http://www.scopus.com/inward/record.url?scp=84939180891&partnerID=8YFLogxK

UR - http://www.scopus.com/inward/citedby.url?scp=84939180891&partnerID=8YFLogxK

M3 - Article

VL - 19

SP - 378

EP - 386

JO - Journal of Intellectual Property Rights

JF - Journal of Intellectual Property Rights

SN - 0971-7544

IS - 6

ER -