Does the Irish Court of Appeal in Merck v Clonmel part ways from the CJEU’s Santen Article 3(d) decision?
http://ipkitten.blogspot.com/2021/05/does-irish-court-of-appeal-in-merck-v.html Last year’s CJEU decision in Santen (C-673/18) was an usually clear judgment on a question that had dogged SPC case law for years: whether there are any circumstances in which an SPC may be based on a second marketing authorisation for a product. In Santen (C-673/18) the CJEU rejected its own previous... Continue reading