Pharmachemie B.V. vs. Glaxo Group Limited, Supreme Court, the Netherlands, 22 June 2012, Case No. 11/01662, with thanks to Daan de Lange and Ruprecht Hermans, Brinkhof, for sending in the decision and the English translation
Glaxo’s EP 0 226 266 (“EP ‘266”) expired on 24 June 2006. Pharmachemie had a generic version of ondansetron (which is covered by EP ‘266) included in the June 2006 edition of the “G-Standaard”. [The G-Standaard is a database comprising ordering information on products that are available with wholesalers and pharmacists].
The Supreme Court holds that including a generic medicine in the “G-Standaard” influences market behaviour and must at all times be considered as “offering” within the meaning of Article 53(1) of the Patents Act 1995. Pharmachemie had therefore infringed EP ‘266. The Supreme Court rejected Pharmachemie’s defence that considering that including a generic medicine in the G-standard of the month of patent expiry is an infringing act would amount to a de facto extension of the term of protection of a patent. Accordingly, in the Netherlands, a generic medicine may only be included in the “G-standaard” after expiration of a patent.
Read the decision (in Dutch) here.
Read the decision (in English) here.
Head note: András Kupecz