The act of including a generic product into the official Austrian pharmaceutical product index before expiry of the relevant patent/SPC, is considered an act of “putting into circulation” and therefore a patent infringement. By the same token the act of applying for reimbursement by an application to be included into the “Red Box” pursuant to the Code of Reimbursement of the Association of (Austrian) Social Security Carriers constitutes patent infringement.
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Nuno Pires de CarvalhoThe author presents 80 cases that interpret the various public policies that mould the interface of intellectual property law with competition law (or antitrust). Although most cases are from the United States – which has developed an enormously wide wealth of jurisprudence in this area – the work includes cases from the European Union, the United Kingdom, Australia, Canada, South Africa, Brazil, South Korea, India, and Argentina.