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Vol 274 No 7355 p783
25 June 2005

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AZ to appeal against fine

AstraZeneca is to appeal to the European Court of Justice against a €60m fine imposed by the European Commission.

The fine was imposed last week after the commission said that AZ had deliberately misused the European patent and medicines authorisation systems to deter generic competition to Losec (omeprazole) and parallel imports of the drug.

From 1993 to 2000, AZ is alleged to have given misleading information to several national patent offices to gain extended patent protection through supplementary protection certificates (SPCs). The commission further alleged that the company sought, and was granted, the selective cancellation of marketing authorisations so that generic products, requiring an original comparator product, and parallel imports, could be blocked.

AstraZeneca said that it acted in good faith and did not make any misleading representations to obtain SPCs.

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