Netherlands

Dutch Court reminds innovators that their competitive interests against generics can only be protected for ten years

Elise Troll

On 9 January 2018, the North-Holland district court dismissed Teva Pharmaceuticals Ltd. and Teva Nederland B.V.’s appeal against a May 2016 decision of the Dutch Medicines Evaluation Board granting Mylan B.V. and Synthon B.V. (third parties) marketing authorisations (MAs). The third parties’ MAs had been granted under Article 10(3) of the Medicinal Products Directive, as Read More

Dutch Supreme Court approves electronic exchange of patient data via healthcare infrastructure

Iradj Nazaryar

In December 2017, the Dutch Supreme Court ruled  that the electronic exchange of patient data via the so-called healthcare infrastructure is lawful. The infrastructure is a platform for the electronic exchange of patient data. The platform allows the observer of a general practitioner (GP), that is, a GP who temporarily replaces another GP, to access Read More

Dutch Minister to explore possibility of compulsory licenses and pharmacy preparations

Anna-Maria Withagen

The Dutch Minister of Medical Care, Bruno Bruins, announced that he is going to explore the possibility of granting compulsory licenses in order to make pharmaceutical companies lower the prices of certain medicines they offer. During a debate, Bruins said that, although the instrument has not been used in the previous years, this does not Read More

Dutch Supreme Court ends second medical confusion…for now

Frits Gerritzen

Today, the Dutch Supreme Court held that both direct and indirect infringement of Swiss-type claims is possible, in a case between MSD and Teva. A summary of the main points of the decision can be found below. Keep watching this space for a more detailed analysis. The Dutch version of the decision can be found Read More

Dutch guidance on inducements by medical devices companies published

Iradj Nazaryar

On 31 August 2017, the Dutch Ministry of Health published Policy Rules providing guidance on the ban on inducements, which was introduced by the amendment of the Dutch Medical Devices Act of 17 May 2017.  The amendment establishes a prohibition on inducements, whether in cash or in kind, offered by medical device suppliers to professionals Read More