Source: EURLEX
Language: en
Format: md

[**Avis juridique important**](../../../editorial/legal_notice.htm)

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# 91996E2702

**WRITTEN QUESTION No. 2702/96 by Carlo SECCHI to the Commission. Action on generic medicinal products** 
  
*Official Journal C 083 , 14/03/1997 P. 0050*

  

WRITTEN QUESTION E-2702/96 by Carlo Secchi (PPE) to the Commission (15 October 1996)

Subject: Action on generic medicinal products

What steps does the Commission intend to take with a view to enabling the producers of pharmaceutical products and the active ingredients for such products to make the necessary preparations prior to the expiry of the relevant patents or additional certificates for the protection of medicines?

How long does it intend to defer implementation of the decision which Parliament took on 16 April 1996 with a view to promoting the European generic medicines industry?

Answer given by Mr Bangemann on behalf of the Commission (28 November 1996)

The Commission's industrial policy has always encouraged free competition and transparency. Accordingly, the Commission's communication on the outlines of an industrial policy for the pharmaceutical sector ((COM(96) 718. )) recognised that efforts to improve transparency of the market would favour multi-source competition, which includes generic medicines. The problem is to provide the level of intellectual property protection necessary to encourage the development of new medicines for patients by bolstering innovative industry, while taking into account the interests of generic manufacturers, particularly vis a vis their competitors in third countries.

The Commission's communication was addressed to the Parliament and Council, so the Commission has naturally studied the contents of the parliamentary resolution of 16 April 1996 closely. The issue of allowing development work to take place before the expiry of the patent was considered carefully by the Council in 1992, when the supplementary protection certificate was introduced, and it was decided not to allow this to take place. Any change would need equally careful consideration, and should take account of economic and legislative developments throughout the world, not least of which is the forthcoming decision of the Court of justice on the interpretation of the current rules. In the light of the Court's decision and the Commission's forthcoming study on generic medicines, the Commission will put forward policies taking all the relevant factors into account.

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