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Understanding IP, regulatory and competition law issues in pharmaceutical parallel trade
4 February 2019
Understanding IP, regulatory and competition law issues in pharmaceutical parallel trade

 

This workshop will explore in depth how IP, regulatory and competition law can affect parallel trade in the pharmaceutical industry. Through interactive case studies, it will provide insight into the potential competition law issues raised by strategies to manage parallel trade, the use of trade mark and patent rights to prevent the sale of repackaged parallel imports, and how regulatory notifications can be monitored to assess risk.

FEATURED SPEAKERS

Christopher Stothers

Christopher Stothers

Partner, Freshfields Bruckhaus Deringer LLP
John Schmidt

John Schmidt

Partner, Arnold and Porter

Christopher Stothers

Partner, Freshfields Bruckhaus Deringer LLP
Christopher Stothers

Christopher is a recognized expert in parallel trade, with a particular focus on the pharmaceutical sector - his 2007 textbook, “Parallel Trade in Europe: Intellectual Property, Competition and Regulatory Law,” has been cited by the UK Supreme Court. Christopher is also an experienced litigator on cross-border patent disputes, other types of intellectual property, antitrust, pharmaceutical regulation, EU law and commercial disputes. He has taken cases before the First Tier Tribunal, the Upper Tribunal, the Patents County Court, the High Court, the Court of Appeal, the House of Lords, the Supreme Court, the European Patent Office, and the European Court of Justice.
 

John Schmidt

Partner, Arnold and Porter
John Schmidt

John Schmidt leads the UK Competition team in London. He has more than two decades of experience dealing with competition authorities and courts in the UK and the EU and regularly advises on complex competition conduct issues, investigations, litigation, and merger cases. He is dual-qualified in the UK and Germany and has a particular focus on the life sciences, consumer goods, finance, and infrastructure sectors.

Mr. Schmidt has extensive experience advising pharmaceutical and medical device companies on pricing matters, including a number of reverse payment patent settlement cases both at the EU and UK level. A significant recent success involved a no grounds for action case closure for Teva Pharmaceuticals in the CMA's investigation into paroxetine after a statement of objections, a supplemental statement of objections, and two oral hearings. He is currently involved in a number of CMA investigations in the pharma sector.

Workshop agenda

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13:30

Registration & Coffee

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14:00

Opening Remarks & Introductions

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14:10

Case Study 1: Competition law and management strategies

  • Legal principles - Articles 101/102 TFEU and case law
  • Quota systems and potential risks
  • Agency (direct to pharmacy/hospital) systems and potential risks
  • Other competition risks and red flags
  • John Schmidt, Partner, Arnold and Porter

    Christopher Stothers, Partner, Freshfields Bruckhaus Deringer LLP

    clock

    14:50

    Case Study 2: Trade mark exhaustion and repackaging

  • Legal principles - trade mark exhaustion
  • BMS conditions - when and how can goods be repackaged?
  • Consent to sale of goods in the EEA - what about related and group companies?
  • John Schmidt, Partner, Arnold and Porter

    Christopher Stothers, Partner, Freshfields Bruckhaus Deringer LLP

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    15:20

    Afternoon Tea

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    15:50

    Case Study 3: Regulatory and patent notifications

  • The Specific Mechanism - patent protection and parallel trade
  • Monitoring notifications for risk
  • John Schmidt, Partner, Arnold and Porter

    Christopher Stothers, Partner, Freshfields Bruckhaus Deringer LLP

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    16:30

    Q&A

    John Schmidt, Partner, Arnold and Porter

    Christopher Stothers, Partner, Freshfields Bruckhaus Deringer LLP

    clock

    17:00

    Closing Remarks and End of Workshop


    Partner
    Freshfields Bruckhaus Deringer LLP
    Partner
    Arnold and Porter

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    WHAT IS CPD?

    CPD stands for Continuing Professional Development’. It is essentially a philosophy, which maintains that in order to be effective, learning should be organised and structured. The most common definition is:

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