23 July 2019
The summer issue of the European Pharmaceutical Law Review, Volume 3, no. 2, 2019, was just published and contains a case note on the Abraxis case by Otto Swens and Carly van der Beek. In the note, they discuss the recent judgment concerning Supplementary Protections Certificates (SPCs), taking into account also how the Courts ruling in Abraxis relates to the previous Neurim judgement. Swens and van der Beek state that although the Abraxis ruling is helpful in clarifying the application of the SPC Regulation, it should be criticised that the Court seems to be applying exceptions to the SPC Regulation based on the purpose of the Regulation, while the authors show that the Explanatory Memorandum the court relies on to distil the purpose is not really unequivocal. You may order a copy of the case note here.