The Paris Court of Appeal fines a pharmaceutical company € 17 M for unfair competition when launching a new drug (Ipsen/Mylan)

1. Summary Mylan, the generic pharmaceutical company (formerly Merck Génériques), was ordered by the Paris Court of Appeal to pay €17 million in damages to Ipsen for unfair competitive practices and economic parasitism by marketing Vitalogink to pharmacists as an "equivalent" to Tanakan and thereby voluntarily creating a confusion aimed at assimilating an original drug to a generic one. 2. Facts and procedure Beaufour Ipsen Pharma SAS is a subsidiary of the French independent drugmaker Ipsen Pharma. The company manufactures and markets medicinal and botanical medicines in France. One of its leading products, Tanakan, is indicated in particular for the treatment of age-related cognitive disorders and neurosensorial deficit. Based on a German patent (which expired in 2010), Tanakan

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Christophe Collard, The Paris Court of Appeal fines a pharmaceutical company € 17 M for unfair competition when launching a new drug (Ipsen/Mylan), 28 April 2011, e-Competitions Bulletin April 2011, Art. N° 38945

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