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This commentary offers the definitive guide to supplementary
protection certificates (SPC); a key element in the regulation of
the pharmaceutical and medical market within Europe. Beyond
providing an overview of the European legislation and the CJEU
case-law on SPCs, it also depicts and summarises national law and
jurisprudence on leading pharmaceutical markets such as Germany,
France and the United Kingdom as well as The Netherlands, Italy and
Switzerland. Patent lawyers, those practising in the medical and
pharmaceutical field as well as judges and academics will find this
an invaluable resource.
The supplementary protection certificate (SPC) prolongs the term of
patents for pharmaceutical products for a maximum of five
additional years. The SPC's legal bases are two European SPC
Regulations and the SPC is based upon European or national patents.
SPCs protect some of the most valuable products in the
pharmaceutical industry where each day of additional protection may
be worth millions of Euros. Despite the economic relevance SPCs
have obtained in recent years, there exists only limited detailed
literature on the subject. German jurisprudence on SPCs is of
special importance, as this has often been the basis for decisions
of the European Court of Justice (ECJ) and the German market is one
of the leading markets for pharmaceuticals and thus for SPCs. This
book is addressed to patent attorneys - in particular in-house and
external - working for pharmaceutical companies, and
attorneys-at-law specialising in patent law, especially in Europe
but essentially worldwide.
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