Nestor Nestor Diculescu Kingston Petersen (NNDKP) successfully represented Teva Pharmaceuticals in obtaining the revocation of the supplementary protection certificate (SPC) issued by the State Office for Inventions and Trademarks (SOIT) to Takeda Pharmaceutical.
In this case, the SPC extended the duration of patent protection granted to Takeda which gave the company the exclusive right to trade, import, manufacture and use candesartan cilexetil, the active substance in the drug Atacand. Granting the SPC to Takeda was equivalent to prohibiting Teva Pharmaceuticals from using the same substance in the same manner.
The Bucharest Court of Appeals dismissed the appeals filed by SOIT and Takeda and upheld the initial decision of the Bucharest Trial Court whereby SOIT was ordered to resolve the request for the revocation of the SPC initially granted to Takeda.
The decision of the Bucharest Court of Appeals reinforced the arguments raised by NNDKP, who argued that it is possible to revoke a SPC, even if initially granted by court decision, and that SOIT must issue a decision with respect to this revocation.
"As a result of the issuance of the SPC by SOIT, the decision of the Bucharest Trial Court was enforced and its effects expired, and SOIT was no longer barred with respect to the subsequent revocation request by any executory effect of the initial decision. Furthermore, Teva was not a party in the proceeding whereby the issuance of the SPC was ordered and was therefore entitled to challenge the previous court decisions, as the court decision ordering the grant of the SPC does not have power of res judicata upon Teva but only establishes a presumption of truth that can be overturned by evidence ", declared Sorina Olaru (Creþu), partner in the Dispute Resolution department.
The project involved a multidisciplinary team coordinated by Sorina Olaru (Creþu) and Ana-Maria Baciu (Partner and Head of the Intellectual Property division and Pharma practice), with the assistance of Adina Bãdãrãu (Industrial Property Counsel) and Daniela Ghervas (Associate, Dispute Resolution department).
Nestor Nestor Diculescu Kingston Petersen is a promoter of business law in Romania. The firm has a team comprising 115 attorneys and 35 counselors and a support staff of 75 employees, offices in Bucharest, Timiºoara, Cluj-Napoca, Braºov and Craiova and offers full-service and integrated legal advice to companies in Romania and abroad. NNDKP’s client portfolio includes many local and multinational companies operating in various business fields such as financial institutions, real estate developers, IT companies, capital investment funds, construction companies, pharmaceutical companies, industrial groups, as well as professional and non-profit organizations. NNDKP is constantly top ranked by the most important international legal guides such as Chambers & Partners, The European Legal 500 and IFLR 1000 and was the only law firm in Romania that was awarded thrice (2009, 2012, 2013) “Law Firm of the Year in Romania” by Chambers Europe.
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