Market entry of generics has always been a major problem for any original manufacturer. Thus it is no surprise that originators have taken numerous attempts to keep generics off the market, in and outside the courts, including lobbyism. In Germany, however, such attempts have only been partly successful. For example, other than in the US, there is no patent linkage concept in Germany today. At the moment, neither the European Union (“EU”) in total nor Germany seem to support the introduction of any patent linkage concept. However, originators do not have to wait until generic products are in fact put onto the German market before legal actions may be taken under German patent law.

Follow this link to continue reading this article by Dr. Johannes Druschel, associate, and Christoph Krieger, a research fellow at Baker McKenzie, here