French implementation of new European pharma patent regime now a reality

French implementation of the revised European Union pharmaceuticals regime has finally become law. Directive 2004/27 (amending Directive 2001/83/EC) on the Community code relating to medicinal products for human use should have been implemented into national laws by October 30, 2005, observe partners at the UK patent law specialist Linklaters. A delay of over a year in France has finally ended, with the introduction of Law No 2007-248 dated February 26, 2007.

The "Bolar" exemption

The amendment has created a new exception to the rights of patentees. Article L 613-5 of the Intellectual Property Code has been changed to provide that: "the rights afforded by the patent shall not extend to (