The CJEU clarifies – Article from #1 2019

INTRODUCTION

Where to draw the line between the protection of new innovations within the pharmaceutical area, on the one hand, and the generic companies’ right to enter the market on the other, has been subject to discussion in patent law for a long time. The innovative pharmaceutical companies’ right to exclusively capitalise on their innovative research stands against the generic pharmaceutical companies’ right to compete in the EU market, which will likely result in lower prices and thereby in advantages from a social economic point of view.