Bucura IONESCU**



The article presents three aspects related to counterfeit and competition on the medicines market and news in the field. The first aspect is devoted to the new definition of falsified medicines endorsed by the WHO and the difference between these and the counterfeit medicines. Not directly involved in the fight against counterfeit medicines, a very important actor in the commercialization of medicines on the European Union market is the European Medicine Agency. The role, the importance of the Agency are presented as well as the link of the Agency’s activity to the patent system. The last part of the article is devoted to two cases of the Courts in UK and in Germany. The first one is the Supreme Court of the United Kingdom Judgment in the appeal Actavis Group Ltd. V Eli Lilly & Co. based on the equivalents and the interpretation of the scope of protection of the patent claims. The second one is the compulsory license granted by the German Federal Court in preliminary proceedings to Merck medicines company.


** Doctor în drept, ing., E‑mail: bucura.ionescu@gmail.com.