European Practice - Life Sciences Practice in Brussels
Meeting the specialized needs of life sciences companies requires a multi-disciplinary approach. Crowell & Moring’s Brussels Life Sciences Practice therefore serves the life sciences industry through an integrated team of lawyers with established expertise and reputation in the field. We provide the full range of legal services essential to the success of emerging and established life science companies.
The IP-practice of the Brussels office represents both national and international clients and focuses on IP litigation, with particular emphasis on cross-border issues and the Pharmaceutical and Life Sciences sector. The general IP practice has been mentioned in European Legal Experts 2005 and has been identified again as a "Legal Expert" in the 2006 edition, as well as in the European Legal 500.
Although we cover the entire field of intellectual property law, we are most known for our expertise in the protection, exploitation and litigation of patents and know-how. Our patent practice has dealt with a vast range of cases, but tends to focus on complex pharmaceutical and medical devices litigation. We are also noted for our expertise in cross-border issues and planning and running of patent disputes in Europe. In addition, we have in depth knowledge on Supplementary Protection Certificates for pharmaceuticals and represented the European Commission in landmark cases before the European Court of Justice in that area.
Recent examples of our work (both contentious and non-contentious) in this area have concerned the generic versions of Paxil/Seroxat, Amlor/Norvasc, Zocor, Cipramil, Biclar, Lipitor, Fosamax, and other drugs, medical devices (e.g. pain-control pumps), as well as other technologies. We also deal with European aspects of US patent litigation and work closely together with our colleagues in Washington DC and Irvine. The Brussels IP-practice was recognized as one of the leading Belgian patent practices in the Guide to the World's Leading Patent Law Experts 2005 , as well as in The International Who's Who of Patent Lawyers 2005.
We also have significant experience on the IP side of parallel imports. We have, for example, successfully advised the German Federal Health Ministry on behalf of the German Association of Research Based Pharmaceutical Companies (VFA) on the implementation of the so-called Specific Mechanism, a transitional provision for parallel imports of pharmaceuticals from and between the new Member States in the EU Accession Treaty.
IP litigation in the pharmaceutical requires detailed knowledge of the regulatory framework. The Life Sciences Practice is expert in both EU and national laws. We have represented clients before the highest administrative court in Belgium (Raad van State) with respect to market authorizations issues. We further advise and litigate on issues such as MRP’s, advertising, clinical trials, data protection, pricing and reimbursements, joint venture agreements for research, development and manufacturing, etc. On behalf of the industry we are involved in the drafting of the new Belgian pharmaceutical legislation.
We regularly advise clients on the competition law implications of the enforcement of IP rights, particularly in relation to abuse of dominant positions, exclusivity and parallel imports. We have been involved in significant arbitration cases focusing on these questions.
The importance and growth of the Life Sciences practice is emphasized by the recent hire of an in-house counsel of the Belgian Medical Authorities (Directoraat-Generaal voor de Geneesmiddelen). The Life Sciences practice of the Brussels office is recommended in Plc Cross-Border Life Sciences Handbook 2004/5 .
For more information, please visit our Life Sciences Practice or contact Kristof Roox.