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What are pharmaceutical incentives? In the EU, protection mechanisms and incentives for medicinal products, grouped under the term pharmaceutical incentives (PIs), are in place. PIs comprise legislative measures that give originator pharmaceutical companies (originators) a degree of advantage over companies selling medicines with the same active substance at far lower prices (generic or biosimilar companies)-ranging from market protection (MP), through extensions of patent rights, to several years of market exclusivity for a medicinal product. Rationale behind PIs PIs were introduced in the EU to encourage and support originators in discovering and developing new medicinal products. While innovation and discovery typically require considerable time and financial investment, only limited effort is needed to use the knowledge generated afterwards. When a generic or biosimilar company reproduces an invention, it often does not bear the substantial research and development (R&D) costs of creating it and can therefore sell the
Claims by contractors for time and/or money Requests from contractors seeking additional time and/or payment are commonplace on construction projects. A time claim seeks an extension of time (EoT) to complete the works (or achieve a contractual milestone) where a delay event has occurred, whereas a money claim typically pursues reimbursement of extra loss and/or expense incurred by the contractor due to delay or disruption to the works. Such a claim might likewise be brought by a sub-contractor under a sub-contract. These claims are usually founded on an express contractual entitlement—ie the contract specifies situations in which the contractor is entitled to time and/or money—and they are advanced and decided in accordance with the contract terms. They do not, of themselves, involve a breach of contract or require there to be a dispute between the parties, although they may ultimately give rise to
Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) whose registered office is at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) whose registered office is at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) whose registered office is at ] [ address ] (Guarantor) ] 1 Definitions For this Deed, the terms below shall have the following meanings: Effective Date • [ today OR the date of this Deed OR [ other date on which the variation is to take effect ] ] [ Guarantor’s Obligations • the covenants undertaken by the Guarantor in [ the Lease OR a [ describe other
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This Flowchart This diagram outlines the criteria that need to be met for the court to determine a transaction amounts to a preference and award relief......
Flowchart This Flowchart outlines the prerequisites that need to be met to prove a fraudulent trading claim...
ARCHIVED: This Flowchart has been archived and is not maintained. Retained EU law is a concept introduced by the European Union ( Withdrawal) Act 2018 ( EU( W) A 2018) as part of Brexit preparations, establishing a new category of domestic legislation. It denotes the collection of EU‑derived rules preserved and converted into UK law under the EU( W) A 2018 (as amended) at the end of the post‑ Brexit transition period ( IP completion day). For background on the transition period, and what it means for retained EU law, see: In the context of Brexit, what is meant by the ‘transition or implementation period’? For further background reading on the underlying legislation, see: Practice Note: Brexit—key legislation explained News Analysis: What does IP completion day mean for the status of EU law in the UK? What is retained EU...
On 12 January 2023, the EU’s Foreign Subsidies Regulation ( FSR) tackling internal market distortions officially came into effect...
As of 12 January 2023, the EU’s Regulation on foreign subsidies distorting the internal market ( FSR) took effect...
This Flowchart outlines the prerequisites that must be met for the court to find a transaction occurred at an undervalue and to order suitable relief......
This flow chart outlines the various stages of a UK anti-dumping inquiry when the Trade Remedies Authority ( TRA) has received a submission seeking imposition of anti-dumping duties......
ARCHIVED: This flowchart has been archived and is no longer maintained. Retained EU law was introduced by the European Union ( Withdrawal) Act 2018 ( EU( W) A 2018) as part of preparations for Brexit, establishing an entirely new strand of domestic law. The term covers the suite of EU-derived rules preserved and converted into domestic law by the EU( W) A 2018 (as amended) at the close of the post- Brexit transition phase ( IP completion day). For background on the transition period, and its effect on retained EU law, see: In the context of Brexit, what is meant by the ‘transition or implementation period’? For further background on the underlying legislation, see: Practice Note: Brexit—key legislation explained News Analysis: What does IP completion day mean for the status of EU law in the UK? What is retained EU...
From 12 January 2023, the EU’s Foreign Subsidies Regulation impacting the internal market ( FSR) officially took legal effect...
From 12 January 2023, EU’s Regulation addressing foreign subsidies that distort the internal market ( FSR) came into effect...
The Texas shoot out Either shareholder may commence the Texas shoot out—also called a Mexican shoot out, Tex Mex shoot out or sealed bids—by giving notice to the other shareholder; the shareholder who did not cause the deadlock may equally do so, with both shareholders then obliged to submit sealed bids for the other’s shares within a specified timescale period accordingly......
Flowchart This Flowchart explains the requirements that must be met for the court to determine that a transaction constitutes an extortionate credit transaction and to provide relief. It should be reviewed alongside Practice Note: Extortionate credit transactions—corporate and personal insolvency......
This Flowchart explains the criteria that need to be met for a court to find that an agreement amounted to an extortionate credit transaction and award relief. Consult it together with Practice Note: Extortionate credit transactions—corporate and personal insolvency......
Flowchart This Flowchart explains the criteria that need to be met for the court to find a transaction amounts to an extortionate credit transaction and order relief. It should be considered with Practice Note: Extortionate credit transactions—corporate and personal insolvency......
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When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...
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