Access to generic and biosimilar medicines can be improved with coherent proposals for IP and pharmaceutical reform in Europe that encourage Day 1 launch.  

This has been echoed in the recent European Parliament report, which supports finetuning the IP system towards higher quality and timely access to generic and biosimilar medicines. 

This includes the timely evaluation of the SPC manufacturing waiver that entered into force in July 2019 and is expected to start producing effects in the second half of 2022. The industry takes very seriously the review that the Commission is going to conduct in 2024 to assess whether the limitations and conditions introduced in the legislation effectively allow companies to achieve the stated objectives. 

Unjustified delays to generic and biosimilar competition after IP expiry are against the objectives of the current pharmaceutical reform and do not reflect the fundamental principles according to which the pharmaceutical system is designed in Europe“, said Sergio Napolitano, General Counsel at Medicines for Europe. “For this reason, it is finally time to ban patent linkage in Europe, give effect to the long-standing objective to enlarge the Bolar exemption and tackle the misuses of divisional patents that unduly extend monopolies and delay access to generic and biosimilar medicines 

These issues will be discussed by representatives of Medicines for Europe, the European Commission and the European Patent Office at a webinar on 16 November. For more information, see here  


Medicines for Europe 

Medicines for Europe represents the generic, biosimilar and value-added medicines industries across Europe. Its vision is to provide sustainable access to high quality medicines, based on 5 important pillars: patients, quality, value, sustainability and partnership. Its members directly employ 190,000 people at over 400 manufacturing and 126 R&D sites in Europe and invest up to 17% of their turnover in R&D investment. Medicines for Europe member companies across Europe are both increasing access to medicines and driving improved health outcomes. They play a key role in creating sustainable European healthcare systems by continuing to provide high quality, effective generic medicines, whilst also innovating to create new biosimilar medicines and bringing to market value added medicines, which deliver better health outcomes, greater efficiency and/or improved safety in the hospital setting for patients. For more information please follow us at and on Twitter @medicinesforEU.