In a judgment delivered on 9 July 2020, the CJEU held that a new therapeutic application for an authorised medicinal product cannot be the subject of a supplementary protection certificate (SPC). This clarifies the position on an issue that has been unclear for nearly a decade, but will be unwelcome to companies in the healthcare and life sciences sector who have invested, and continue to invest, in the development of new therapeutic applications for authorised products. It will have a significant impact on pending SPC applications relating to second medical uses.
Peder Oxhammar is Head of Baker McKenzie’s Intellectual Property Group in Stockholm. He has more than 15 years of experience in all aspects of intellectual property. Prior to joining Baker McKenzie in December 2012, he worked in private practice in one of Sweden's largest patent firms as well as in his own law firm. He has also worked in major pharmaceutical companies AstraZeneca and Novartis, managing multijurisdictional patent and trademark litigation worldwide.