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European Pharmaceutical Contractor

Data Exclusivity Under Review - Striking the Balance Between Originator and Generic Medicines

On 18th July 2001, the European Commission presented details of its proposal for a comprehensive reform of EC pharmaceutical legislation (1). This reform will affect the mutual recognition, or decentralised, procedure as well as the centralised procedure laid down in Regulation (EC) No. 2309/93, and will apply to both medicinal products for human use and veterinary medicinal products (2). The main objectives of the proposal are:

To ensure a high level of public health protection for the European citizen, in particular by allowing rapid access to innovative and safe products and by tight market surveillance, based on reinforced procedures of control and pharmacovigilance

To further complete the internal market in pharmaceuticals and to establish a regulatory framework favourable to the competitiveness of European pharmaceutical industry, while taking into account the stakes of globalisation

To meet the challenges of an enlargement of the European Union

To rationalise and simplify, as far as possible, the current system and to improve its global coherence, its visibility and the transparency of its procedures


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By Dr Manja Epping, Lawyer at Ashurst Morris Crisp, Germany
 
Dr Manja Epping is a qualified lawyer working in the Munich office of international law firm Ashurst Morris Crisp. In 1990 she took a French degree (Maоtrise en droit) in international and European law. After having qualified in Germany in 1995, Manja wrote her doctoral thesis on German and international arbitration law.

Since then, she has specialised in German and European intellectual property law including regulatory issues, with a particular focus on the pharmaceutical and nutraceutical industries. She is an experienced litigator and a regular speaker at conferences.


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