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UK and EU life sciences legal update: IP, advertising, competition, MHRA, data protection and regulatory developments - 3 April 2025

Published on: 03 April 2025

Published by a Law360 reporter
Legal News
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In this issue:

  • Intellectual property
  • Advertising of medicines
  • Competition in life sciences
  • Commercialisation
  • Post-market
  • Data protection and life sciences
  • Pharmaceuticals—regulatory framework
  • Research and development
  • LexTalk®Life Sciences: a Lexis®Nexis community
  • Daily and weekly news alerts
  • New and updated content
  • Trackers
  • Useful information

Intellectual property

Could we…and would we..? UK CoA confirms that it is bound by previous precedent on second medical use SPCs

On 28 January 2025, the UK Court of Appeal delivered its long-anticipated ruling in Merck Serono v Comptroller-General of Patents. The panel of three LJs—Lewison, Arnold and Birss—held that existing binding UK authority on second medical use supplementary protection certificates (SPCs) constrained the court, so it could not depart from that line. The judges further observed that, even if a departure from their own case law were available, they would not exercise that option on these facts. Commentary on the decision is provided by Priyanka Madan, senior associate and specialist in SPC and pharmaceutical regulatory matters at Herbert Smith Freehills LLP. See News Analysis: Could we…and would we..? UK CoA confirms that it is bound by previous precedent on second medical use SPCs...

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