Articles

The advertising of medical devices in Austria

Published 05 February 2024 by Francine Brogyányi. DORDA Rechtsanwälte GmbH, Austria

In every jurisdiction the advertising of medical devices comes with certain national peculiarities. The following article explains in more detail what needs to be considered if you intend to market medical devices to the Austrian market

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The Court of Justice’s New Ruling – Finnish Strict Liability Regime regarding Unfounded Preliminary Injunctions Compatible with the EU Enforcement Directive

Published 01 February 2024 by Ben Rapinoja. Borenius Attorneys Ltd, Finland

The Court of Justice of the European Union (the “Court of Justice”) handed down its judgment in case C‑473/22 (Mylan v. Gilead and Others) at the beginning of January 2024. The case concerned the Finnish compensation regime that can be invoked when a preliminary injunction is found to have been unfounded. This compensation regime is based on the concept of strict liability.

Although the judgment primarily concerns compensation claims subject to the Finnish law, the judgment has implications in all EU jurisdictions where a similar strict liability regime exists. The Court of Justice’s judgment provides clarity for cases where an intellectual property right is first used to justify a preliminary injunction and then subsequently found invalid.

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The UK Life Sciences Sector in Election Year

Published 30 January 2024 by Ralph Cox. Clyde & Co. LLP, United Kingdom

Clyde & Co – UK Life Sciences Sector in Election Year (Jan 2024; rev Feb 24) The next UK general election has to take place before 28 January 2025, current indications are that it could take place in October or November 2024. After 13 years in power, opinion polls suggest that Mr Sunak’s Conservative Party will lose power and be replaced by Sir Keir Starmer KC’s Labour as the governing party.

In this article, Ralph Cox and Nii-Lante Bannerman of Clyde & Co LLP, consider the Conservative Government’s approach to the UK’s life sciences sector over recent years and how that might change under Labour.

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Amendment to the Act on Medicinal Products; new obligations to ensure availability of medicinal products

Published 24 January 2024 by Kateřina Slavíková. HAVEL & PARTNERS | Czech Republic, Czech Republic

An amendment to the Act on Medicinal Products entered into effect as of 1 January 2024, imposing numerous new obligations on marketing authorisation holders, distributors and pharmacies, and expanding the existing powers of administrative authorities. The changes are primarily aimed at ensuring the availability of medicinal products for the needs of patients in the Czech Republic and increasing the resilience of the market to supply shortages of medicinal products.

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EU Court of Justice: Parallel importer may not remove PPP batch number

Published 22 January 2024 by Philippe de Jong. ALTIUS Lawyers, Belgium

This blog post mainly focuses on the CJEU’s findings regarding the responsibility of parallel importers for ensuring the display of the original batch number on the product packaging.

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