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ARTICLE · 17 APRIL 2015

CJEU Clarifies Application Of The Specific Mechanism

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A pharma case ruling has clarified the derogation of exhaustion of patent and SPC rights through the 'Specific Mechanism', explain Beatriz San Martin and Philip Bilney.

European UnionIntellectual Property
Beatriz San Martín
Beatriz San Martín
Philip Bilney
Philip Bilney

A pharma case ruling has clarified the derogation of exhaustion of patent and SPC rights through the 'Specific Mechanism', explain Beatriz San Martin and Philip Bilney:

On 12 February 2015, the Court of Justice of the European Union (CJEU) delivered its decision on the questions referred to it by the Court of Appeal in C-539/13 Merck Canada Inc, and Merck Sharp & Dohme Ltd v Sigma Pharmaceuticals plc on the interpretation of the Specific Mechanism, a provision which enables holders of patents and supplementary protection certificates (SPCs) of pharmaceutical products to prevent parallel imports of those products into the UK from certain new member states.

The decision provides useful guidance to owners or beneficiaries of patents and SPCs and to parallel importers as to the procedure under the Specific Mechanism and its enforceability.

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