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Understanding IP, regulatory and competition law issues in pharmaceutical parallel trade
3 February 2020
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

Beatriz San Martin

Beatriz San Martin

Partner, Arnold & Porter
John Schmidt

John Schmidt

Partner, Arnold and Porter

Beatriz San Martin

Partner, Arnold & Porter
Beatriz San Martin

Beatriz has significant intellectual property experience handling cases before the UK Courts and the CJEU, including high-profile European litigation. In addition to her patent and SPC experience, she also counsels on and litigates other IP rights including copyright, trademark, passing off, design rights, database rights and confidential information. Her cases have involved a wide range of technologies including pharmaceuticals, medical devices, agrochemicals, insulation products, software, medical imaging and mosquito nets.

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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14:10

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

Beatriz San Martin, Partner, Arnold & Porter

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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

Beatriz San Martin, Partner, Arnold & Porter

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15:20

Afternoon Tea

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15:50

Case Study 3: SPC Waiver and Brexit Implications

 • SPC Waiver - how does it work?
• Brexit implications - what happens to SPC Waiver in a “no deal” situation?
 

John Schmidt, Partner, Arnold and Porter

Beatriz San Martin, Partner, Arnold & Porter

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17:30

Closing Remarks and End of Workshop

John Schmidt, Partner, Arnold and Porter

Beatriz San Martin, Partner, Arnold & Porter


Partner
Arnold & Porter
Partner
Arnold and Porter

Holiday Inn Kensington Forum

97 Cromwell Road
London SW7 4DN
United Kingdom

Holiday Inn Kensington Forum

Holiday Inn Kensington Forum is perfectly situated in one of London’s most luxurious and beautiful areas within South Kensington. 

The hotel is just 2 minutes walk from Gloucester Road tube station for convenient travel to Hyde Park, London Eye, Tower Bridge plus more of London’s top attractions. There are also easy and direct links to some major transport hubs including Victoria, Kings Cross St Pancras, Paddington and Heathrow. 

This distinctive hotel in south London has so much to offer to make all guests really feel at home. The latest Holiday Inn relaunch is not just about the new look and feel for the hotel but to offer guests more benefits during their stay including a pillow menu for extra comfort during their sleep and a curved shower rail for more spacious feel. 

In addition to our 906 rooms, all business guests can take advantage of our meeting and conference facilities including High Speed Internet Access and unlimited Starbucks coffee at The Academy. Our hotel’s professional event planners are on board to help take the hard work and stress away from planning your next event. 

So whether you in London on business or pleasure, make the Holiday Inn London Kensington Forum your first choice of hotel and book your accommodation for our lowest internet rate guarantee. 

HOTEL BOOKING FORM

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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:

‘A commitment to structured skills and knowledge enhancement for Personal or Professional competence’

CPD is a common requirement of individual membership with professional bodies and Institutes. Increasingly, employers also expect their staff to undertake regular CPD activities.

Undertaken over a period of time, CPD ensures that educational qualifications do not become obsolete, and allows for best practice and professional standards to be upheld.

CPD can be undertaken through a variety of learning activities including instructor led training courses, seminars and conferences, e:learning modules or structured reading.

CPD AND PROFESSIONAL INSTITUTES

There are approximately 470 institutes in the UK across all industry sectors, with a collective membership of circa 4 million professionals, and they all expect their members to undertake CPD.

For some institutes undertaking CPD is mandatory e.g. accountancy and law, and linked to a licence to practice, for others it’s obligatory. By ensuring that their members undertake CPD, the professional bodies seek to ensure that professional standards, legislative awareness and ethical practices are maintained.

CPD Schemes often run over the period of a year and the institutes generally provide online tools for their members to record and reflect on their CPD activities.

TYPICAL CPD SCHEMES AND RECORDING OF CPD (CPD points and hours)

Professional bodies and Institutes CPD schemes are either structured as ‘Input’ or ‘Output’ based.

‘Input’ based schemes list a precise number of CPD hours that individuals must achieve within a given time period. These schemes can also use different ‘currencies’ such as points, merits, units or credits, where an individual must accumulate the number required. These currencies are usually based on time i.e. 1 CPD point = 1 hour of learning.

‘Output’ based schemes are learner centred. They require individuals to set learning goals that align to professional competencies, or personal development objectives. These schemes also list different ways to achieve the learning goals e.g. training courses, seminars or e:learning, which enables an individual to complete their CPD through their preferred mode of learning.

The majority of Input and Output based schemes actively encourage individuals to seek appropriate CPD activities independently.

As a formal provider of CPD certified activities, SAE Media Group can provide an indication of the learning benefit gained and the typical completion. However, it is ultimately the responsibility of the delegate to evaluate their learning, and record it correctly in line with their professional body’s or employers requirements.

GLOBAL CPD

Increasingly, international and emerging markets are ‘professionalising’ their workforces and looking to the UK to benchmark educational standards. The undertaking of CPD is now increasingly expected of any individual employed within today’s global marketplace.

CPD Certificates

We can provide a certificate for all our accredited events. To request a CPD certificate for a conference , workshop, master classes you have attended please email events@saemediagroup.com

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