Regulatory data protection in the EU: an update | Practical Law
Under European pharmaceutical law innovator pharmaceutical companies are granted a period of regulatory data exclusivity in which a generic applicant cannot refer to the innovator's data to obtain a marketing authorisation. The European legislation was amended in 2004 and currently contains a period of eight plus two (plus one) years of regulatory data protection (RDP). This article sets out a brief description of RDP under European law, the main changes to the legal system introduced in 2004 and an update of recent developments regarding the interpretation of European RDP law.