Declaratory relief in bendamustine marketing authorisation
Accord Healthcare & Anor v Astellas Pharma GmbH &
Anor  EWHC 3676 (Ch) is an unusual decision in that it
concerns only declaratory relief rather than any claim to damages.
Accord sought a declaration that it could rely on an earlier
marketing authorisation granted to Astellas in Germany in 2005, in
accordance with provisions of the European Medicines Directive, for
the purpose of launching its generic bendamustine product. Mr
Justice Morgan found in favour of Accord on all of the issues and
granted the declaratory relief sought.
We will provide a more detailed review of this interesting case
in the February edition of Synapse.
The European Council has reached 'provisional' agreement
with the European Union Parliament on the proposed trade secrets
Directive, which is intended to provide common measures against the
unlawful acquisition, use and disclosure of trade secrets in
Europe. A European Council press release states that after a
'legal-linguistic' review of the text, the directive will
be submitted for confirmation through a vote in the European
Parliament next year. After publication of the directive in the
Official Journal of the EU and its entry into force, member states
will then have a maximum of two years to incorporate the new
provisions into domestic law.
Dentist contractors in Scotland will be reimbursed for certain premises costs by the NHS so long as they satisfy a number of criteria. One condition of reimbursement is that the practice is a 'fully or partially NHS committed practice'.
In the UK the National Health Service can sometimes be seen as a badge of honour. Free access to healthcare at the point of need has been a defining feature of social fabric since the upheavals of World War Two.
On 23 October 2003, the European Court of First Instance (the "CFI") held that an exclusivity clause restricting ice-cream retailers' use of freezers supplied by Van den Bergh Foods in Ireland infringed EC competition law. Van Den Bergh Foods, formerly HB Ice Cream Ltd ("HB") is a wholly owned subsidiary of Unilever plc. It is the main manufacturer of impulse ice-cream products (single-wrapped ice-creams for immediate consumption) in Ireland. For a number of years it has supplied retailers w
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