ECJ JUDGE SAYS OFFICIAL EU MEDICINE MARKET APPROVAL CAN OCCUR BEFORE A COUNTRY BECOMES A MEMBER STATE

BY KEITH NUTHALL A EUROPEAN Court of Justice (ECJ) judge has argued that the date medicine market approvals granted in a European Union (EU) country before they became a member state determine the expiry date of patents across the EU. Generics (UK) Ltd claimed an 1963 Austrian authorisation, which expired in 2001, should be considered as the baseline for a supplementary protection application by Britain's Synaptech Inc for the neuro-muscular medicine Galantamine. It argued that because Austria was not then a member state, a 2000 Swedish market approval decision ...


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