44Those steps may include the measures taken by the particular manufacturer of generic medicines to put itself in a position to have, within that period, the required administrative authorisations for the marketing of a generic version of the medicine concerned and an adequate stock of that generic medicine either through its own production or through supply contracts concluded with third parties. Of equal relevance in that regard are all the legal steps actually undertaken by that manufacturer with a view to challenging, either as a principal issue or as an incidental question, the process patents held by a manufacturer of originator medicines, or, again, the range of marketing initiatives adopted by the manufacturer of generic medicines in order to market its medicine. Such steps permit the conclusion that a manufacturer of generic medicines has a firm intention and an inherent ability to enter the market of a medicine containing an active ingredient that is in the public domain, even when there are process patents held by the manufacturer of originator medicines.
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