The European Commission's 1st Report on the Monitoring of Patent Settlements was published on 5 July 2010
The Report looks at the European competition law aspects of patent settlements, identifies potentially problematic types of agreement, and contains a review of settlements concluded in Europe between the middle of 2008 and the end of 2009. The Commission's monitoring exercise will be continued for another year as it seeks to improve its understanding of the pharmaceutical sector.
Pharmaceutical companies which bring patent disputes to an end through settlements that limit generic entry, or involve value transfers from originators to generics, should pay close attention to future developments in this area.
Lawyers Robert Vidal, Louisa Penny
