Tuesday, 23 September 2014

Evergreening in the Pharma Sector


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.

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