ECJ ruling on SPCs "bad news" for pharma

A ruling by the European Court of Justice that limits the extension of patents in drug cases is bad news for the drug industry, according to lawyers specializing in intellectual property rights. A European think-tank has also described the decision as "unfortunate," warning that "it runs con-trary to the Lisbon Agenda's strategic objectives" and will harm the European Union's competitiveness in "the global race for the development of pharmaceutical and biotechnology products."

The court case centered on the development of a combi-nation therapy using the active ingredient carmustine and a second element which acted as an excipient. A supple-mentary protection certificate was applied for in Germany by the USA-headquartered Massachusetts Institute of Technology for the treatment, which was rejected, despite both the French and the UK authorities having approved the extension.

ECJ refuses SPC unless both agents are active