- Introduction
- Patents in Europe
- Trade Marks in Europe
- Copyright in Europe
- Design Protection in Europe
- Plant Variety Rights in Europe
- Intellectual Property and Free Movement of Goods
- Intellectual Property and Article 81
- Intellectual Property and Joint Ventures
- Article 81, Distribution and Franchising Agreements
- Abuse of a Dominant Position
- Proceedings involving IPRs and Competition Law
- Enforcement of IPRs and Border Controls
- Jurisdiction and Intellectual Property
Introduction
in
Status of international conventions in Community law
Para 1-065 Footnote 203. See also C-431/05 Merck Genéricos - Produtos Farmacêuticos Ldª v Merck & Co. Inc. and Merck Sharp & Dohme Ld where the Court of Justice held that as the Community had not legislated in the field of patents (save the Biotech Directive), it was not contrary to Community law for Member States to apply directly Art.33 of TRIPS (a patent must not expire earlier than 20 years from the date of filing). In the case, under earlier national legislation, a pharmaceutical patent expired after 15 years. However, if Art.33 TRIPS was directly applicable, then the minimum period of protection was 20 years.
TRIPS and Community law
Para 1-071 See C-431/05 Merck Genéricos - Produtos Farmacêuticos Ldª v Merck & Co. Inc. and Merck Sharp & Dohme Ld discussed at para 1-065
