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European Ruling Could Slash Marketing Exclusivity

Law360 (April 21, 2005, 12:00 AM EDT) -- A decision by the European Court of Justice could slash marketing exclusivity for drugs in the European Union and cost drug companies millions in lost revenues.

The European Court of Justice ruled Thursday that a mutual recognition agreement between Switzerland and Liechtenstein, which is in the European Economic Area, meant the date of Swiss regulatory approval should be the starting point when the EU countries calculate patent extensions.

Liechtenstein had automatically recognized the Swiss approval because of a custom union between the two countries. The European...
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