Tags: Intellectual Property

October 19, 2020

Can a parallel importer rebrand generic medicines?

If a branded medicine and its generic version are put on the EEA market by economically-linked undertakings, is a parallel importer then allowed to rebrand and repackage the imported generic version as the branded reference medicine?

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April 1, 2020

Reimbursement of medicinal products in times of pandemics and budgetary constraints: why quick fixes do not work

With national governments scrambling to take measures in order to counter the Covid-19 pandemic, we are again confronted with the fact that a EU common policy in the healthcare field is quasi inexistent.

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February 12, 2020

CJEU sheds light on the “Country of Origin” concept

In the run-up to the entry into force of specific rules on country of origin labelling for primary ingredients, the CJEU has recently clarified both the concept of the “country of origin” under the FIC Regulation and its interplay with other regulations such as the Regulation on the common organisation of the agricultural products markets and the Union Customs Code.

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February 3, 2020

New Belgian Act on medicinal product shortages

On 3 February 2020, the Belgian Act of 20 December 2019 amending various legal provisions concerning shortages of medicinal products was published in the Belgian State Gazette.

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December 30, 2019

Patenting blockchain

While much has been written already regarding blockchain and its many exciting applications for the future, not much has been said on how you can adequately and legally protect your blockchain once it has been developed.

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December 10, 2019

The new Plant Health Regulation is ready to take off as of 14 December 2019

Pests threaten plant health. To fight the increased risks owing to the further globalisation of trade and climate change, the European legislature has adopted measures concerning the determination and reduction of risks imposed by pests: Regulation 2016/2031.

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October 25, 2019

Belgian Constitutional Court annuls new export prohibition for full-line wholesalers but new legislative proposals are already put forward

On 17 October 2019, the Belgian Constitutional Court annulled the export prohibition for wholesaler-distributors, which was introduced by Article 3, 2° of the Act concerning the unavailability of medicinal products of 7 April 2019.

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August 28, 2019

New research exemption under Belgian patent law?

On 19 December 2017, the legislative package on the implementation of the UPC was approved by Belgian Parliament.

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February 22, 2019

Drastic times call for ex parte interim measures

In Belgium, a preliminary injunction is rarely granted on an ex parte basis. Adversarial debates are considered as a cornerstone of legal proceedings, and one is entitled to deviate from this principle only in the case of so-called ‘absolute necessity’.

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January 25, 2019

Anti-tampering devices : fading boundaries of parallel trade?

On 9 February 2019, a legislative package aimed at fighting medicines falsifications will enter into force across the EU.

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