France undermines pharma marks

20 January 2012

Emma Barraclough, London

A new law has come into force in France that will allow generic drugs companies to copy the colour and shape of drugs made by branded pharmaceutical companies

The 2011-2012 Law of December 29 2011 has revised the Code de la Santé Publique (French Public Health Code). The revisions are designed to strengthen the security of drugs, but include two articles that will affect the exclusive rights of IP owners, says Aurélia Marie of Cabinet Beau de Loménie.

A new article, L 5121-10-3, states that “The holder of an intellectual property right protecting the appearance and texture of oral dosage forms of a specialty of reference to the meaning of Article L 5121-1 may not prohibit that the...



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