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ARTICLE · 14 NOVEMBER 2002

Parallel Importation Of Pharmaceuticals To Israel

IsraelIntellectual Property

By a recent amendment of Israeli law, parallel importation of a pharmaceutical is now permitted in terms of the regulatory scheme applicable to pharmaceuticals.

Under the new regulatory scheme, permit may now be granted to any person or entity (and not only the manufacturer or its agent), to import a registered pharmaceutical. In addition, under the new regulatory scheme, permit may now be granted to a Pharmaceutical Trading House or any Recognized Institution to import a Compatible Preparation (a pharmaceutical identical to a registered pharmaceutical)

The Supreme Court dismissed a petition that challenged the validity of the new amendment. It held that the new amendment is neutral as regards Intellectual Property rights -- Patentees should seek remedy by way of filing infringement action against applicants for import permit.

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