Overview

Peter L’Ecluse focuses on life sciences, competition law and intellectual property (IP) rights.

Life Sciences

Peter’s expertise encompasses a wide range of areas, including registration, pricing and reimbursement matters, advertising issues and all aspects of competition law. He has successfully represented clients before civil courts, as well as Belgium’s administrative court, the Council of State, in challenging reimbursement decisions and rules imposing prescription requirements on physicians.    

Competition Law

Peter has been involved in most of the significant cases arising before the Belgian competition authorities and the courts. His expertise in this area extends to merger control, dominant market positions and procedural issues. 

Peter has extensive experience in the patent licensing area and is currently advising patent owners in two distinct cases pending before German courts.

IP Rights

Peter’s patent litigation practice focuses on the life sciences industry. For several years, he has acted as co-counsel for one of the largest pharmaceutical companies in the world, handling multi-jurisdictional patent litigation while defending valuable patents covering various active substances against generic competitors. Peter also acted as co-counsel in proceedings before the European Patent Office and the Belgian courts for a major medical devices company in patent litigation which covered three jurisdictions. He often advises on supplementary protection certificate patent extension issues and assists clients in dealing with counterfeit trade in pharmaceuticals.

Languages

Dutch, English, French

Recommendations

  • Best Lawyer – Lawyer of the Year for Biotechnology and Life Sciences 2020
  • Chambers Europe – Competition: Domestic
  • Chambers Europe for Intellectual Property
  • Chambers Europe – ‘Leaders In Their Field’ (Competition: Domestic)
  • Chambers Europe – ‘Leaders In Their Field’ (Intellectual Property) 
  • IAM Patent 1000 – The World’s Leading Patent Practitioners
  • Managing Intellectual Property – IP Star
  • LMG Life Sciences (Europe) – Life Sciences Star 
  • PLC for Belgium Life Sciences – Regulatory
  • PLC for Belgium Life Sciences – Intellectual Property
  • PLC for Europe Life Sciences – Competition/Anti-trust
  • PLC for Belgian Competition Law/Anti-trust
  • PLC for Belgium Dispute Resolution
  • International Who’s Who Legal for Life Sciences
  • Legal 500 for Intellectual Property
  • Legal 500 for Dispute Resolution 
  • Legal 500 for EU Regulatory – Pharma and Biotech
  • European Legal Experts for Intellectual Property
  • World IP Review – WIPR Leader

Education

  • The George Washington University, Washington DC, Master of Comparative Law, 1987
  • University of Leuven (KUL), Master of Laws, 1986
  • University of Leuven (KUL), Baccalaureus of Philosophy, 1985

Publications

Widely published on issues involving life sciences and competition law.

Contributor to Van Bael & Bellis' Business Law Guide to Belgium (Kluwer Law International/Bruylant, 2003).

Contributor to “Private Antitrust Litigation” (European Lawyer Reference/Thomson Reuters, 2013).

Contributor to Van Bael & Bellis, Competition Law of the European Community (fifth edition, Kluwer, 2010), the standard work of reference in the field of EU competition law.

Bar Admission

Brussels
Former member of the Bar Council of Dutch language lawyers (Brussels)

Publications and insights

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    • 27/11/2020
    • Articles

    European Commission Fines Cephalon and Teva On Account of "Pay-for-Delay" Patent Settlement Agreement

    On 26 November 2020, the European Commission (the Commission) brought to an end a long running competition case by finding against Cephalon and Teva on account of a “pay-for-delay” patent settlement agreement involving modafinil, the active substance of a sleeping disorder medicine (see, attached Commission press release).

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    • 26/11/2020
    • Articles

    European Commission Presents Pharmaceutical Strategy for Europe

    On 25 November 2020, the European Commission (the Commission) unveiled its Pharmaceutical Strategy for Europe (PSE), a wide-ranging document that discusses a series of broad policy statements, tentative considerations and concrete measures to tackle the many challenges faced by the pharmaceutical sector and its diverse stakeholders (see, attached Commission Communication (2020) 761 final; Commission press release; and Commission Q&A). The announcement follows an extensive period of consultation, study and preparation (see, Van Bael & Bellis Life Sciences News Alerts of 20 October 2020; 12 August 2020; 17 June 2020; 3 June 2020; and 28 May 2020).

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    • 25/11/2020
    • Articles

    Potential Covid-19 Vaccine Supplier Moderna Sixth Contract Partner of European Commission

    On 24 November 2020, European Commission President von der Leyen released a statement announcing that she would approve a sixth agreement with a supplier of a potential Covid-19 vaccine (see, attachment). The Commission’s new contract partner is Moderna. Under the agreement, the Commission will have the right to buy up to 160 million doses of the vaccine, if and when that product obtains a marketing authorisation from the European Medicines Agency. In recent days, the Commission announced similar deals with CureVac (see, Van Bael & Bellis Life Sciences News Alert of 17 November 2020) and with BioNTech and Pfizer (see, Van Bael & Bellis Life Sciences News Alert of 12 November 2020). The Commission President suggested that a seventh agreement is being negotiated which paves the way for the creation in Europe of “one of the most comprehensive COVID-19 vaccine portfolios in the world”.

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