Quo vadis, SPC?
ECJ referrals 2011-2020 in context and practical consequences
- Laying the ground: referrals since Medeva
- Eli Lilly, Actavis and Georgetown II: referrals in context, background and interpretation
- From Merck v Sigma to Abraxis: further referrals in context, background and interpretation
- Impact on application practice and national court practice
- Pending referrals: from Royalty Pharma to Novartis
- 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.
Day 2, 09:00 - 17:00: Advanced course - Quo vadis, SPC?
- Structure of the EU SPC Regulation for Medicinal Products
- Product - relevant deadlines - basic patent - relevant marketing authorisation
- What can be protected?
- Application for a certificate based on third parties' authorisation
- Date of grant of the basic patent and the marketing authorisation
- Merck v Sigma (C-579/13), Pfizer Ireland (C-681/16): referrals on Specific Mechanism
- Synflorix (C-631/13): definition of adjuvant
- Boehringer (C-577/13): combination claimed in second patent
- Forsgren (C-631/13): covalent binding of a biologic product
- Seattle Genetics (C-471/14): date of market authorisation
- F. Hoffmann - La Roche (C-572/15): duration of an SPC issued under national law
- Incyte (C-492/16): date of expiry of an SPC
- MSD (C-567/16): end of procedure notice equivalent to market authorisation?
- Teva v Gilead (C-121/17): product protected by a basic patent in force
- Boston Scientific (C-527/17): no SPCs for CE-marked devices
- Abraxis (C-443/17): first marketing authorisation for new formulations
- QH/Royalty Pharma (C 650/17): individualized embodiment
- Sandoz v Seale (C-114/18): common general knowledge
- Santen v INPI (C-673/18): 'different application' (Neurim)
- Eli Lilly (C-239/19): third party market authorisation
- Novartis (C-354/19): further SPC to a new indication
Dr. Christopher Brückner is a German and European Patent Attorney and Pharmacist with Dennemeyer & Associates 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. In 2016, the Max Planck Institute for Innovation and Competition requested that Dr. Brückner participates in the preparation of a study commissioned by the EU. The purpose of the study is to determine whether the current EU Regulation 469/2009 for SPCs meets today’s technical and legal requirements.
NL 1054 ES Amsterdam
Phone: +31 20 685 1351
Each participant will receive a copy of the new 3rd edition of the SPC commentary by Dr. Brückner, the standard reference!
Attendees without prior SPC knowledge/education are advised to attend the introduction to SPC pre-course on 7 May 2020.
This course will provide guidance on the basics of professional trademark searches.
23. - 24.04.2020 in Amsterdam
This course provides drafting and negotiating advice for EU practitioners, with precise references to existing US law.
23. - 24.04.2020 in München
The hands-on training programme will provide attendees with detailed guidance to the formal requirements of the PCT and information on the regulations related to the PCT.
06. - 07.05.2020 in Amsterdam
IP Strategy! - the interactive course which helps you setting up convincing IP strategy plans.
12. - 14.05.2020 in Heidelberg
First-hand update for patent practitioners & EQE candidates: Each year the boards of appeal of the European Patent Office hand down more than 2000 decisions. These decisions set the standard for interpreting and applying the European Patent Convention (EPC).
07.05.2020 in Amsterdam/Leiden