"We would be happy to provide our services at a generous discount if contacted through the SPC Blog".These services include (i) European Drug Patent Status Review, which covers major product/preparation patent information plus allied supplementary protection certificates for all products on the market in 27 European territories, (ii) EU 1st Marketing Authorisation, (iii) MPA SPC Watch, which identifies SPCs for all 27 member states in the EU, with additional information available for up to 39 countries and (iv) UK/ROI Veterinary Drug Patent Status Review, which covers major product/preparation patent information plus allied SPCs for all veterinary medicines on the market in the UK and the Republic of Ireland.
A niche blog dedicated to the issues that arise when supplementary protection certificates (SPCs) extend patents beyond their normal life -- and to the respective positions of patent owners, investors, competitors and consumers. The blog also addresses wider issues that may be of interest or use to those involved in the extension of patent rights. You can email The SPC Blog here
Friday, 30 July 2010
Thursday, 29 July 2010
"The AtoZ Generics app contains a lot of valuable information that can be difficult to find, and all for only 59p. It provides expiry dates on US patent term extension and UK Supplementary Protection certificate expiry dates, as well as approximate global drug sales."
Monday, 19 July 2010
"Fees for Supplementary Protection Certificates fall somewhat outside the rationale for keeping fees for intellectual property protection low, as the circumstances for granting SPCs are very different to those for granting patents. As a Supplementary Protection Certificate will provide patent protection to a pharmaceutical company up to a maximum of 25 years, a balance must be struck between paying a premium for
continued market monopoly and allowing for entry into the market for generic medicines.
By comparing current fees charged for Supplementary Protection in all Member States of the European Union, Ireland is currently the fourth least expensive country. In cost per head of population (per million) Ireland ranks as the tenth least expensive country of the EU 27, in line with countries with a population of approximately 10 million, namely Belgium, Sweden, Portugal and the Czech Republic. The preliminary fees for consultation as set out would bring Ireland closer in line with countries with similar population size such as Denmark, Finland and Slovakia".The proposed new fees and European averages are indicated in tabulated form here.
Tuesday, 13 July 2010
Lewison J dismissed both appeals. In his view
* What constitutes a "product" must be strictly construed, looking at what it is, rather than what it does, and taking into account only its active ingredients.* The Commission's authorisation decision clearly identified the medicinal product, 'Erbitux – cetuximab' as its subject-matter -- no other medicinal product was identified. It alluded to irinotecan only in order to explain how cetuximab was used. This could not constitute a marketing authorisation of a product consisting of both cetuximab and irinotecan.
* Given the restrictive interpretation of the term "product", to incorporate the notion of secondary infringement into the SPC regime would be illegitimate. While this was not acte clair, it was in any event a matter for national rather than European law, so no reference would be made for a preliminary ruling from the Court of Justice of the European Union.
Wednesday, 7 July 2010
"361 ... the Commission applied Article 82 EC correctly in taking the view that the submission to the patent offices of objectively misleading representations by an undertaking in a dominant position which are of such a nature as to lead those offices to grant it SPCs to which it is not entitled or to which it is entitled for a shorter period, thus resulting in a restriction or elimination of competition, constituted an abuse of that position. The question whether those representations were objectively misleading must be assessed in the light of the specific circumstances and context of each individual case. ...".The SPC Blog may return to this decision again, if time and resources permit.
"366 ... the Court rejects the applicants’ argument that the existence of specific remedies which make it possible to rectify, or even annul, patents and SPCs granted unlawfully justifies application of the competition rules only where an anticompetitive effect is demonstrated. Where behaviour falls within the scope of the competition rules, those rules apply irrespective of whether that behaviour may also be caught by other rules, of national origin or otherwise, which pursue separate objectives. Similarly, the existence of remedies specific to the patent system is not capable of altering the conditions of application of the prohibitions laid down in competition law and, in particular, of requiring, in cases of behaviour such as that at issue in the present case, proof of the anticompetitive effects produced by such behaviour".