|After Neurim many|
people view sheep
in a completely
different light ...
"significantly diverges from the opinion of the Advocate-General in a way that, through (arguably) focusing upon the need for a new therapeutic application / indication of an active substance, may just avoid some of the undesirable side-effects that could have arisen from strict adherence to the proposals in that opinion".
"Various further questions from national courts are now almost certain to be referred to the CJEU, if only to obtain clarification as to what the decision in Neurim actually means. In this respect, although the Neurim decision has improved the situation for the innovative pharmaceutical industry, the war is still far from won. The hardest battle yet to be faced relates to how to the CJEU can reach a clear and consistent interpretation of the SPC legislation that provides an appropriate reward for innovators. Although the current SPC legislation has survived the battle in Neurim, it is still perfectly possible that the legislation itself may become a casualty of future battles, especially if the CJEU fails to square the circle between Neurim and earlier case law such as Yissum".