European Law

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European Legal Studies Etudes Européennes Juridiques

RESEARCH PAPERS IN LAW

1/2007

Pablo Ibáñez Colomo

The Italian Merck Case

© Pablo Ibáñez Colomo, 2007
European Legal Studies/Etudes Européennes Juridiques Dijver 11 | B-8000 Brugge, Belgium | Tel. +32 (0)50 47 72 61 | Fax +32 (0)50 47 72 60 E-mail law.info@coleurop.be | www.coleurop.be

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The Italian Merck Case Pablo Ibáñez Colomo *

Factual and restrictive background Regulation 1768/92 1 created subsidiary security department certificates (hereinafter, SPCs) for medicinal products (hereinafter, pharmaceuticals) protected by patents. SPCs afford the same sole(prenominal) rights as those conferred by patents once these expire and may be granted for a maximum of five years. 2 Italy enacted akin legislation in 1991, the most salient difference between both texts being that, pursuant to Law no 349/91, 3 holders of Italian patents for pharmaceuticals could be granted supplementary protection for a maximum period of 18 years after the personnel casualty of the patent. Following the enactment of Regulation 1768/92, SPCs granted by the Italian government were brought in line with the period provided for in that text.



However, pharmaceuticals for which supplementary protection was sought in the lapse between the acceptance of Law No. 349/91 and Regulation 1768/92 (around four hundred products) continued to enjoy the protection provided for in the former text. 4 Several steps were taken by the Italian authorities to progressively reduce the distance of protection granted to these products. condition 3(8) of Decree-Law No. 63/02 provided that the length of protection for such pharmaceuticals was to be reduced by one year in 2002 and by two years in the subsequent years until the length of protection was in line with that granted at community level. 5 Law No. 112/02, 6 which converted Decree-Law No. 63/02 into Law, chose a differentand slightly more perplexsystem. Protection for SPCs granted prior to the entry into...If you want to nail a full essay, order it on our website: Orderessay



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