- "The Highest Italian Administrative Court has the Final Word on the Xalatan Case and Reinstates the Original Infringement Decision of the Italian Competition Authority", by Michele Giannino (Desogus Law Office) appears in the current issue of the Bio-Science Law Review (BSLR) which, incidentally, has a 20% reduction offer for new subscribers that finishes today.
- "Pfizer's misuse of patent/SPC rights results in an abuse of dominant position", by Gian Paolo Di Santo (Studio Legale Pavia e Ansaldo) appears in the July 2014 issue of the Journal of Intellectual Property Law & Practice (JIPLP), Gian Paolo having acted in this case for Assogenerici and some of the original plaintiffs against Pfizer.
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
Monday, 30 June 2014
This decision, invalidating the SPC, has now been upheld on appeal: see "Navarra Court of Appeal confirms invalidity of Spanish SPC for telmisartan + hctz", written for today's International Law Office release by Sara Pelaz (Grau & Angulo), here. This helpful note adds that Boehringer still has the option of lodging an appeal with the Spanish Supreme Court.
Wednesday, 25 June 2014
A short, English-language summary of this decision will follow in due course.
Thursday, 19 June 2014
The term ‘product’ in Article 1.8 and Article 3(1) of Regulation ... 1610/96 ... concerning the creation of a supplementary protection certificate for plant protection products, and the term ‘active substances’ in Article 1.3 of that regulation, must be interpreted as meaning that those terms may cover a substance intended to be used as a safener, where that substance has a toxic, phytotoxic or plant protection action of its own.
Are the terms “product” in Article 3(1) and Article 1.8 and “active substances” in Article 1.3 of [Regulation No 1610/96] to be interpreted as covering a safener?
active substances and preparations containing one or more active substances, put up in the form in which they are supplied to the user, intended to:
(a) protect plants or plant products against all harmful organisms or prevent the action of such organisms, in so far as such substances or preparations are not otherwise defined below;
(b) influence the life processes of plants, other than as a nutrient (e.g. plant growth regulators);
(c) preserve plant products, in so far as such substances or products are not subject to special Council or Commission provisions on preservatives;
(d) destroy undesirable plants; or
(e) destroy parts of plants, check or prevent undesirable growth of plants;
substances or micro-organisms including viruses, having general or specific action:
(a) against harmful organisms; or
(b) on plants, parts of plants or plant products;
The answer to the question whether a safener is an active substance, within the meaning of Article 1.3 of Regulation No 1610/96, therefore depends on whether that substance has a toxic, phytotoxic or plant protection action of its own. If that is the case, it falls within the concept of a ‘product’, within the meaning of Article 1.8 of that regulation and may therefore, provided the conditions set out in Article 3 of Regulation No 1610/96 are observed, give rise to the issue of a supplementary protection certificate.
It is for the national court before which the case in the main proceedings has been brought to ascertain, in the light of all the relevant factual and scientific evidence, whether the substance at issue in the main proceedings can, on account of its action as a safener, be classified as an ‘active substance’ within the meaning of Article 1.3 of Regulation No 1610/96.
It follows from all the foregoing considerations that the answer to the question referred is that the term ‘product’ in Article 1.8 and Article 3(1) of Regulation No 1610/96, and the term ‘active substances’ in Article 1.3 of that regulation, must be interpreted as meaning that those terms may cover a substance intended to be used as a safener, where that substance has a toxic, phytotoxic or plant protection action of its own.
The SPC Blog thanks Darren Smyth (EIP) for letting us use his IPKat post, here, as the basis for this post.