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European Pharmaceutical Contractor

EU Enlargement, Patents and Pharmaceuticals

With the accession of the Czech Republic, Cyprus, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Slovenia and Slovakia, the Community has experienced a fourth round of enlargement of unparalleled magnitude. The successful conclusion of the latest round of accession negotiations resulted in an addition of roughly 75 million new inhabitants for the Community, generating an additional GDP of approximately €785 billion. According to estimates, overall pharmaceutical sales in the 2004 enlargement countries will amount to roughly $10 billion, and Poland's total pharmaceutical sales in 2006 will be greater than Belgium's. In the same year, it is estimated that pharmaceutical sales in Hungary and the Czech Republic will roughly equal Denmark's or Finland's.

These estimates are contrasted by projections of significant parallel trade between old and new Member States in the near future. In light of different price levels for pharmaceutical products sold in old and new Member States, the Accession Treaty between the Community provides for a provision dealing with parallel trade in certain pharmaceuticals, the so-called 'Specific Mechanism'. The following analyses selected aspects of the Specific Mechanism's operation in practice.


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By Christoph T Feddersen, Associate at Cleary, Gottlieb, Steen & Hamilton, Brussels

Dr Christoph T Feddersen joined Cleary Gottlieb's Brussels office in 2000 and has been based in the firm's Washington DC office from 2003 through to August 2004. He frequently advises pharmaceutical companies on European enlargement issues as well as on WTO related issues, such as access to medicines. He has published various articles on EC and WTO law, as well as German and American corporate law, and regularly speaks about European enlargement issues and their impact on pharmaceutical companies. Christoph studied Law at the Universities of Hamburg and Bonn, Germany, and obtained an LLM from the University of Michigan. He holds a doctorate in law from the University of Hamburg.


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Dr Christoph T Feddersen
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