Ergänzende Schutzzertifikate für Arzneimittel

The supplementary protection certificate is intended to provide incentives for cost-intensive research into new medicinal products. The work examines whether the conception and design of the intellectual property right meet these requirements by drawing on findings from the economic analysis of the law. Following a description of the economic basis of this intellectual property right, the work analyses, in view of this question, the conditions for granting, the scope of protection and the duration of protection.

Even though the supplementary protection certificate has a niche existence with regard to the number of applications, it is repeatedly referred to by the European Court of Justice. The work critically examines the case law of the European Court of Justice, which regularly follows economic considerations itself. In this context, one focus of the analysis is on the case law on combination products, which is currently a particular focus of the discussion.