A recent IPKat post (see here)
about adoption of a resolution (see here) about
second medical use claims at AIPPI has led to some interesting Anonymous
comments which discuss the controversy over evergreening.
This caught our
attention because of two interesting points cited by the comments:
- The UK decision Les Laboratoires Servier and
Servier Laboratories Limited v Apotex Inc, Apotex Pharmachem Inc Apotex Europe
Limited and Apotex UK Limited [2008] EWCA Civ 445 (see here for the
decision, see here
for the IPKat post). In the decision Robin Jacob made some very harsh comments
against evergreening.
-
Robin Jacob’s comments on evergreening in the pharma sector (see here)
which were part of the EU enquiry into the sector.
This is clearly a controversial area, but the role that
second medical use claims can play in effectively extending protection beyond
the initial term has to be acknowledged.
You may also wish to see related articles 10
Points About the State of the Pharma/Biotech Sector and 10
Observations on Different Types of Research.
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