Legal News

In brief: SPC Regulation applies from when a Member State joins the EU (F.Hoffmann-La Roche v Accord Healthcare)

Published on: 12 October 2016
Published by: LexisPSL
  • In brief: SPC Regulation applies from when a Member State joins the EU (F.Hoffmann-La Roche v Accord Healthcare)
  • Original news
  • What was this case about?
  • What did the court decide?
  • What should IP&IT lawyers take note of?

Article summary

IP&IT analysis: This case concerned a patent and a supplementary protection certificate (SPC), for the drug 'Xeloda' which was obtained in Estonia in 2001 (before Estonia joined what is now the EU). In Estonia’s Treaty of Accession to the EU, a provision was added to what is now article 21 of the SPC Regulation, which provides that the Regulation applied to existing Estonia SPCs. The court considered whether this provision was invalid and, even if it was valid, if it impermissibly had retroactive effect. Barrister Phillip Johnson considers the case of F.Hoffmann-La Roche v Accord Healthcare. or take a trial to read the full analysis.

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