Quo vadis, SPC?
Referrals 2011-2017 in context and practical consequences
- Laying the ground: referrals since Medeva
- Eli Lilly, Actavis and Georgetown II: referrals in context, background and interpretation
- Impact on application practice and national court practice
- Forsgren, Seattle Genetics, F. Hoffmann - La Roche
- Pending referrals: Merck Sharp & Dohme (2016)
- Open questions for further potential referrals
This distinguishes our event
Aims and objectivesThe European Court of Justice has issued many important SPC decisions in the last few years: Medeva, Neurim, Actavis. The latest ones have raised more questions than have given answers.
Our speaker, one of the leading SPC experts in Europe, will discuss the referrals with you. He will put the decisions in context and will show you the consequences for national court practice and for your application practice.
Dr. Brückner will also give some hints as to pending referrals and yet unsolved questions which might be the subject of future referrals.
Who should attend?
- Patent/IP heads/professionals from pharmaceutical/crop protection
- Patent attorneys in private practice with a good understanding of SPCs.
Detailed programme9 am - 5 pm
- The ECJ and the SPC: a story of cryptic decisions
- The confusion left after 'Medeva'
- What is currently the first marketing authorisation?
- Markush formula - functional claims: possible?
- What about passive SPCs?
- No second SPC for same active ingredient in combination
- Abstract combination?
- Second SPC for individually protected active ingredient
- How to accommodate 'Actavis'?
- Merck v Sigma: first referral on Specific Mechanism
- Synflorix: definition of adjuvant
- Boehringer: combination claimed in second patent
- Forsgren: covalent binding of a product
- Seattle Genetics: date of market authorisation
- F. Hoffmann - La Roche: duration of an SPC issued under national law
- Merck Sharp & Dohme: end of procedure notice equivalent to market authorisation?
- Passive SPCs
- SPCs for medical devices
- Further open questions
Dr. Christopher Brückner is a German and European Patent Attorney and Pharmacist with IP law firm Brückner-IP based in Munich, Germany. He is the author of the standard reference commentary on SPC law. In addition he is coauthor of the EPC commentary Singer/Stauder. He is a sought-after author, lecturer (Supplementary Protection Certificates, SPC for Beginners) and commentator in this field. In 2012, the Düsseldorf Higher Regional Court appointed Christopher as an independent legal expert in a patent dispute in the pharmaceutical field.
NH Amsterdam CentreStadhouderskade 7
NL 1054 ES Amsterdam
Phone: +31 20 685 1351
What our participants say
- 'Very informative and thought-provoking.'
- 'Small scale, intensive lecture, practical orientated.'
- 'Good catch up and overview.'
- 'It is important to know what the current opinions are.'
- 'It is worth to attend such kind of conference.'
Each participant will recevie a copy of the SPC commentary by Dr. Brückner, the standard reference, 2nd edition, worth 328 € retail price!
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