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Newsletters and Bulletins / April 1995 / Finland |
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Finland - Application of EU's Free Flow of Goods Doctrine in Connection with Intellectual Property Rights Prior to January 1, 1995, chemical product protection could not be obtained in Finland. Part of the terms of Finland's accession to the European Economic Area provided that other member states of the area (all EU states plus Iceland and Norway) were not required to apply the free flow of goods doctrine to pharmaceutical products originating from Finland for a period of 2 years from the date Finland began providing protection for such products. Thus, up to January 1, 1997, courts of the member states will be permitted to grant injunctions for patent infringement against pharmaceutical products imported from Finland even if they have been put on the market with the consent of or by the owner of the patent. It will be recalled that a similar provision (for 3 years) applied when Spain and Portugal became member states.
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