Healthcare

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Recent Articles

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    03/07/2024
    Belgium

    Belgium ends merger control in the hospital sector

    Following a long arm wrestling with the Belgian Competition Authority (BCA), the Belgian legislator adopted on 28 March 2024 a law, which finally excludes hospitals from merger control under the Belgian Code of Economic Law. This act comes after a period of turmoil between the BCA and the Belgian legislator on the application of merger control in the hospital sector.Previously, hospitals were not considered undertakings under competition law. However, following the evolution of European jurisprudence, Belgian Competition law became theoretically applicable to mergers and acquisitions in the hospital...
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  •  
    27/06/2024
    United Kingdom

    How might AI be regulated following the UK general election?

    In advance of the UK general election on 4 July 2024, we consider the manifesto commitments made in relation to artificial intelligence (AI) by the five main political parties (the Conservatives, Labour, the Liberal Democrats, the Green Party and Reform UK).What is the current approach to regulating AI in the UK?The EU AI Act, which is due to enter into force this August, has been described as the world’s first comprehensive AI law. In contrast with the EU, the UK has not put in place AI-specific legislation and has not created a new AI regulator or authority to enforce AI-related laws. Instead,...
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  •  
    26/06/2024
    International

    Updated CMS Expert Guide to Cannabis law and legislation

    CMS Expert Guide on cannabis law and legislation gives stakeholders detailed and updated information on the latest developments in cannabis regulation in key markets.  The Guide now covers 33 jurisdictions, including an additional new jurisdiction for Norway. In Norway, cannabis is classified as a narcotic drug, which in general may not be used for medical purposes. Nevertheless, some exceptions may be applied (e.g. two prescription-only medicines have been authorised in Norway, and cannabis-related medicines and products with a THC content of less than 1% that are not approved in Norway,...
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  •  
    21/06/2024
    Italy

    Italian Supreme Court Upholds OECD Transfer Pricing Rules

    The decisions of the Italian Supreme Court nos. 10577/2024 and 10499/2024 (concerning the same case for corporate income tax and regional income tax purposes) confirm important principles regarding transfer pricing transactions between associated companies.Firstly, the approach taken in the previous decision of the Italian Supreme Court no. 15668/2022 (available here) is confirmed with regard to the relevance of the arm’s length principle set forth by Article 9 of the OECD Model Tax Convention and included in Article 110, par. 7 of the Italian Income Tax Code.Moreover, the principle that,...
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  •  
    13/06/2024
    Europe

    What’s in a name? The use of a product code in a clinical trial protocol fails to circumvent clinical trial prior art

    The use of product or sponsor codes in clinical trial related documents is common practice in the pharmaceutical space. However, such codes may not always be sufficient to disregard a publication as relevant prior art against patent claims.In recent decision T 1255/21, the EPO Board of Appeal finds that the use of a product code or sponsor code for a compound or composition in a clinical trial protocol does not affect the status of the protocol as prior art if the skilled person would have been able to identify the compound or composition based on the description of the components of the product...
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  •  
    22/05/2024
    Italy

    Digital nomad tax insights

    The new visa for digital nomads might become a particularly interesting option for workers who may benefit from the so called “impatriate” tax regime following their relocation to Italy. The Decree of February 29, 2024, in force since April 5th, has established the entry and residence permit issuance procedures for "digital nomads" and "remote workers".The provisions apply to non-EU citizens who perform highly skilled work using technological tools that allow remote work; more specifically this definition refers to self-employed foreign workers (digital nomads) or foreign employees...
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