The Complicated Simplicity of the DEMO Case: Side Effects of Developments in the Law-Daiichi Sankyo and Sanofi-Aventis Deutschland v DEMO (C-414/11)

摘要

This case note concerns the recent DEMO judgment of the ECJ. The note is very critical of the ECJ's reasoning, which declared the TRIPS Agreement within the EU's exclusive competences. However, the note supports the ECJ's finding that the scope of patents for process of manufacture does not include the medicinal product itself after the law changed and allowed for medicinal product patents.