Topics: Bolar exemption
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Court of Appeal, August 13, 2025, order concerning an application for provisional measures, UPC_CoA_446/2025, UPC_CoA_520/2025
Mere marketing authorisation for generics does not constitute imminent infringement (Art. 62(1) UPCA; R. 206.2(c) RoP): The grant or application for a marketing authorisation alone is insufficient to establish imminent infringement. Additional steps are required for the threshold to be met, and the Court of Appeal clarified that this threshold can be crossed when a…
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