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Amils, Rais --- "IP LAW AND PHARMACEUTICALS: PATENTS AND SUPPLEMENTARY PROTECTION CERTIFICATES IN THE PHARMACEUTICAL SECTOR" [2019] ELECD 1278; in Figueroa, Pablo; Guerrero, Alejandro (eds), "EU Law of Competition and Trade in the Pharmaceutical Sector" (Edward Elgar Publishing, 2019) 459

Book Title: EU Law of Competition and Trade in the Pharmaceutical Sector

Editor(s): Figueroa, Pablo; Guerrero, Alejandro

Publisher: Edward Elgar Publishing

Section: Chapter 12

Section Title: IP LAW AND PHARMACEUTICALS: PATENTS AND SUPPLEMENTARY PROTECTION CERTIFICATES IN THE PHARMACEUTICAL SECTOR

Author(s): Amils, Rais

Number of pages: 44

Abstract/Description:

In this article we provide a general overview of patent rights and supplementary protection certificates in the pharmaceutical sector. First, we briefly explain the different patent systems, with special focus on the European Patent Convention, the planned European patent with unitary effect and the Unified Patent Court. We also refer to the requirements applicable to any invention to be eligible for patent protection, with specific reference to “second medical use claims” and “dosing regimen patents”. We explain the remedies that patentholders have against infringement of their patent rights and those infringement exceptions of interest to the pharmaceutical sector (i.e. the Bolar Clause and experimental use exceptions). We also analyse contributory infringement and compulsory licensing, with special reference when due to health reasons. Lastly, we deal with the main issues related to Supplementary Protection Certificates.