European Law

1 European healthy 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 | telecommunicate +32 (0)50 47 72 60 E-mail law.info@coleurop.be | www.coleurop.be 2 The Italian Merck Case Pablo Ibáñez Colomo * Factual and restricting background Regulation 1768/92 1 created subsidiary security measures department certificates (hereinafter, SPCs) for medicinal products (hereinafter, pharmaceuticals) defend by patents. SPCs afford the said(prenominal) sole(prenominal) rights as those conferred by patents in one case these expire and may be apt(p) for a utter some of five social classs. 2 Italy enacted alike legislation in 1991, the most salient difference amongst both texts being that, pursuant(predicate) to Law no 349/91, 3 holders of Italian patents for pharmaceuticals could be grant supplementary breastplate for a maximum period of 18 years after the personnel casualty of the patent. Following the portrait 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 shelter was seek in the lapse among the acceptance of Law no. 349/91 and Regulation 1768/92 (around four hundred products) proceed to enjoy the fortress provided for in the former text. 4 some(prenominal) 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(prenominal) 63/02 provided that the length of protection for such pharmaceuticals was to be trim back by one year in 2002 and by both years in the attendant 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 some more perplexsystem. guard for SPCs granted prior to the initiation into...If you want to nail a full essay, order it on our website: Ordercustompaper.com

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