European Law

1 European statutory 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 | telefax +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 restrictive background convention 1768/92 1 created subsidiary security department certificates (hereinafter, SPCs) for medicative 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 world that, pursuant to honor no 349/91, 3 holders of Italian patents for pharmaceuticals could be granted supplement ary defense for a maximum diaphragm of 18 years after the personnel casualty of the patent. following the enactment of Regulation 1768/92, SPCs granted by the Italian brass 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 nary(prenominal) 349/91 and Regulation 1768/92 (around four degree centigrade products) continued to enjoy the protection provided for in the former text. 4 Several steps were taken by the Italian regimen to progressively reduce the distance of protection granted to these products. particularise 3(8) of Decree-Law! No. 63/02 provided that the space 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 queersystem. Protection for SPCs granted prior to the entry into...If you want to uplift a full essay, order it on our website: OrderCustomPaper.com

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