Artikel ingezonden door Tjibbe Douma en Alexandra Michel, Dentons.
Tjibbe Douma en Alexandra Michel over de conclusie AG in de CJEU Santen-zaak
Will Neurim be a "rare wild animal"?
CJEU’s AG again tries to persuade the CJEU to abandon its famous SPC decision in Neurim, this time in Santen.
The Opinion is currently only available in a limited number of languages including French. The Opinion was eagerly awaited by those wanting to know whether after Neurim and after Abraxis an SPC can be obtained for a new indication of an old active ingredient. The AG primarily proposes to essentially abandon Neurim and treat this as an exceptional case (a new human indication following a first veterinary indication): a rare wild animal which should never surface again. Only alternatively, does the AG propose a balanced interpretation of Neurim in response to the questions posed. In that case an SPC can be obtained for a new therapeutic indication for an old active ingredient or relate to a use of that active ingredient, in which it should exert a new pharmacological, immunological or metabolic action of its own.
Lees hier het hele artikel van Tjibbe Douma en Alexandra Michel.