European Law

1 European sanctioned Studies Etudes Européennes Juridiques investigate 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 | fax +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 repressive background Regulation 1768/92 1 created subsidiary tribute department certificates (hereinafter, SPCs) for medicinal products (hereinafter, pharmaceuticals) protect by patents. SPCs afford the very(prenominal) sole(prenominal) rights as those conferred by patents at once these expire and may be given(p) for a ut near of five course of studys. 2 Italy enacted akin(predicate) legislation in 1991, the most salient difference betwixt both texts being that, pursuant(predicate) to Law no 349/91, 3 holders of Italian patents for pharmaceuticals could be tending(p) supplementary safeguard for a maximum period of 18 years after the personnel office casualty of the patent. Following the ordinance 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 auspices was seek in the lapse mingled with the acceptance of Law none 349/91 and Regulation 1768/92 (around four hundred products) continue to enjoy the protection 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. 63/02 provided that the length of protection for such pharmaceuticals was to be trim by one year in 2002 and by cardinal years in the accompanying 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 fairly more perplexsystem. security for SPCs granted prior to the approach into...If you want to nail a full essay, order it on our website: Ordercustompaper.com

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