The link to the English translation of the Italian administrative court decision in the Pfizer case, given in the previous blogpost, led erroneously to a document in Italian and not to the English translation. The translation can be found here and the earlier blogpost will be amended accordingly.
Apologies to everyone who has been inconvenienced. My only excuse is that I was not sufficiently awake to the perils of late-night blogging!
Showing posts with label correction. Show all posts
Showing posts with label correction. Show all posts
Monday, 22 October 2012
Thursday, 14 July 2011
SPCs and Escitalopram in Austria: a correction
"The law suit did not arise between the holder of an earlier SPC and the holder of a later SPC (and not between licensor and licensee) but between the holder of both, the earlier SPC for the racemate Citalopram and the later SPC for Escitalopram on the one side and a generic Escitalopram on the other side.Rainer (who meanwhile points out that the illustration on the 28 June post was the Austrian Constitutional Court, not the Supreme Court -- this being an error induced by a Google Image search) has also kindly supplied this weblog with the anonymised full text of the decision in German. Rainer, thanks so much!
With reference to ECJ Case C-431/04 – MIT the Supreme Court confirmed that substances which do not have an effect of their own on the organism, cannot be considered “active ingredients” in the sense of EC Regulation 469/2009.
The decision was rendered in summary proceedings. On a prima facie basis, the defendant could not demonstrate that the R-enantiomer contained in the racemate Citalopram did not have an effect of its own on the human. Thus it remains to be verified in the main action whether the R-enantiomer has a clinical effect or not".
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