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P. 27-33 /

An update on patents and data protection
The fight between originator and generic companies continues

ELISABETH BERTHET
Doctor in Law, Doctor in Pharmacy, Lawyer at the Paris Bar
Armengaud & Guerlain lawfirm, 12, Avenue Victor Hugo, Paris, 75116, France

Abstract

Patents and data protection of the princepsproduct are two means used by originator companies toblock generics from entering the market. As shown by theEuropean Commission Report of 8 July 2009 relative to thepharmaceutical sector inquiry and focusing on the use ofpatents by originator companies, many weapons usingpatents can be deployed both at the stage of acquiringrights and when exercising those right. Similarly, even ifDirective 2004/27 has clarified several points relative to dataprotection, several issues remain, particularly regarding theinterpretation of the global MA that holds back the entry ofgenerics. This article intends to provide an overview of theissues regarding patent and data protection while illustratingthese issues with recent cases law.


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