Pharma

PATENT AND PHARMA UPDATE – November 2017

Key recent developments in the United Kingdom and Europe relating to the patents and pharmaceutical sector. One of the most significant developments in the patent law arena in recent years has been the decision of the Supreme Court in Actavis … Continue reading

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Filed under EU, Patents, Pharma, SPCs, The Unified Patent Court and the Unitary Patent, Threats, UK, Uncategorized

The High Court considers the doctrine of equivalents in the context of patent infringement and novelty

The High Court in Generics (U.K.) v Yeda Research has considered the correct approach to the interpretation of patent claims in light of the recent Supreme Court decision in Actavis v Eli Lilly. This High Court decision provides early indication … Continue reading

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Filed under Patents, Pharma, UK, Uncategorized

New Unjustified Threats Regime in force from 1 October 2017

Threatening proceedings for intellectual property right infringement can sometimes backfire. In relation to patents, trade marks and designs, there is a right for any person aggrieved by the threat to bring an action against the threatener. The “aggrieved” person may not … Continue reading

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Filed under 3D printing, Advertising, Agribio, Agribusiness, Consumer products, Copyright, Counterfeiting, Databases, Designs, Energy, Media, Passing Off, Patents, Pharma, Technology, media & telecommunications, The Unified Patent Court and the Unitary Patent, Trade marks & Passing-off, Trade secrets, UK

Commission paper on IPR post-Brexit highlights the importance of resolving key issues prior to withdrawal

The European Commission has published a “Position paper transmitted to EU27 on Intellectual property rights (including geographical indications)” (7 September 2017) which proposes that the (Brexit) Withdrawal Agreement should ensure that: The protection enjoyed in the United Kingdom on the basis … Continue reading

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Filed under Brexit, Consumer products, Databases, Designs, EU, Pharma, Technology, media & telecommunications, Trade marks & Passing-off, UK

Unified Patent Court Agreement still on pause despite 14th ratification

Lithuania has now ratified the UPC Agreement (UPCA) (on 24th August 2017) making it the 14th state to do so (see the UPCA ratification index here). Under the terms of the UPCA, the Agreement can only come into effect once … Continue reading

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Filed under EU, Patents, Pharma, Technology, media & telecommunications, The Unified Patent Court and the Unitary Patent, UK

Striking a balance on parallel imports

In an article published in the latest edition of CITMA Review, Joel Smith and Emily Bottle comment on the Court of Appeal’s recent judgment in Flynn Pharma Ltd v DrugsRus Ltd [2017] EWCA Civ 226. This case examined how a … Continue reading

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Filed under EU, Pharma, Trade marks & Passing-off, UK

Estonia ratifies the UPC Agreement – 13 ratifications now in place – just Germany and the UK to go

Estonia ratified the UPC Agreement (UPCA) on 1 August 2017, making it the thirteenth contracting member state to do so (see the European Council’s ratification index here). Under the terms of the UPCA, the Agreement can only come into effect … Continue reading

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Filed under EU, Patents, Pharma, The Unified Patent Court and the Unitary Patent, UK

UK SUPREME COURT ADOPTS NEW APPROACH TO PATENT INFRINGEMENT

The Supreme Court has redefined the UK approach to determining patent infringement. In doing so, it has made the approach more permissive, seeking to align the UK approach with that taken in other European countries.

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Filed under Patents, Pharma, Technology, media & telecommunications, UK

Herbert Smith Freehills wins IP Team of the Year at the Lawyer Awards

Herbert Smith Freehills has been named IP Team of the Year at The Lawyer Awards 2017, for its work defending one of the largest-ever patent cases to be heard in the UK High Court. Earlier this month, Herbert Smith Freehills … Continue reading

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Filed under Awards, Patents, Pharma, UK

UK Government lays pre-ratification UPC legislation before Parliament

The Unified Patent Court (Immunities and Privileges) Order 2017 was laid before Parliament on 26 June 2017 – see the explanatory memorandum here. This Order implements the Protocol on Privileges and Immunities of the UPC  (the Protocol)  and confers legal status in the UK on … Continue reading

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Filed under EU, Patents, Pharma, Technology, media & telecommunications, The Unified Patent Court and the Unitary Patent, UK, Uncategorized