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CLASS 46


Now in its twelfth year, Class 46 is dedicated to European trade mark law and practice. This weblog is written by a team of enthusiasts who want to spread the word and share their thoughts with others.

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Anthonia Ghalamkarizadeh
Birgit Clark
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Christian Tenkhoff
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THURSDAY, 10 JANUARY 2008
Parallel pharma imports and invented names

The European Medicines Agency posted this question-and-answer information on its highly informative website this Tuesday:

"Can I interchange multiple licences in the context of parallel distribution?

The EMEA checks the compliance of the parallel-distributed product with the terms of the Community Marketing Authorisation for the concerned centrally authorised product in the language concerned.

Since this Community marketing authorisation is specific for a given centrally authorised product to be marketed under that particular invented name it is not acceptable for the parallel distributor to interchange them in the context of parallel distribution.

Parallel distributors wishing to distribute products which are available on the Community market under two or more invented names, need to submit to the EMEA a separate PD notification for each centrally authorised product.

Moreover, in accordance with Community legislation the name given to a medicinal product by the company may be either a) an invented name (brand name/trade name) or b) a common/scientific name together with the name of the manufacturer.

Since this means that the originator MAH is not allowed to interchange these, flexibility in this respect to a parallel distributor is also not allowed.

The same principle applies as to the use of the active substance description of the product".

Posted by: Blog Administrator @ 10.16
Tags: EMEA, parallel imports,
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