Memantine aftermath: will the national courts be influenced?


Dragosh Marginean

Supplementary protection certificates (SPCs) for human and veterinary medicinal products, as well as for plant protection products, became available in Romania upon the accession to the EU, on January 1 2007, under the EU legislation.

Up to date, almost 150 SPC applications have been examined by the State Office for Inventions and Trademarks (OSIM) and the majority have been granted.

The SPC applications for medicinal products placed on the Romanian market before the entry into force of the national law implementing the Council Directive 65/65/EEC were initially rejected by the patent examining division of OSIM.

The originators appealed these decisions before the boards of appeal which maintained the solution, but with a separate divergent opinion.

SPCs, pharmaceuticals