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ARTICLE · 10 FEBRUARY 2020

Neurim: A "Rare Wild Animal"?

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Recently, on January 23, 2020 the Advocate General (AG) issued his opinion in case C-673/18 Santen (the Opinion) on preliminary questions raised by the French Court of Appeal.

European UnionIntellectual Property

CJEU's AG again tries to persuade the CJEU to abandon Neurim, this time in Santen

Recently, on January 23, 2020 the Advocate General (AG) issued his opinion in case C-673/18 Santen (the Opinion) on preliminary questions raised by the French Court of Appeal. These questions concern the interpretation of Neurim. 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

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