Pharma

Changes to the SPC regime? The EU Commission proposal

The European Commission issued a proposal on 28 May 2018 to change the rules around Supplementary Protection Certificates (Regulation (EC) 469/2009), which if approved will substantially impact patent rights in the pharmaceutical sector. Before being launched on a European market, … Continue reading

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Filed under EU, Patents, Pharma, SPCs

THE ENGLISH COURT GRANTS CARVE-OUT PRELIMINARY INJUNCTION WHERE NO ALTERNATIVE TREATMENT AVAILABLE

Arnold J’s judgment in Edwards Lifesciences LLC v Boston Scientific SCIMED, Inc and others [2018] EWHC 1256 (Pat) handed down on 24 May 2018 demonstrates the English Court’s willingness to adopt a flexible and tailored approach to final relief by … Continue reading

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Filed under Patents, Pharma

ADVOCATE GENERAL PROVIDES OPINION ON THE INTERPRETATION OF ARTICLE 3(A) SPC REGULATION

Advocate General Wathelet (the “AG”) has provided his opinion to the Court of Justice of the European Union (the “CJEU”) on the interpretation of Article 3(a) SPC Regulation (Case C-121/17 Teva v Gilead). In doing so, the AG rejected the … Continue reading

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Filed under Patents, Pharma, SPCs

UK Government agrees elements of the European Commission’s proposals for post-Brexit protection of EU-wide IP rights in the UK in the latest draft of the Withdrawal Agreement

In the latest draft of the Withdrawal Agreement (19 March 2018) the UK Government and European Commission negotiators appear to have agreed text providing for the replacement of EU-wide IP rights having effect in the UK with equivalent UK rights … Continue reading

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Filed under Agribio, Agribusiness, Brexit, Consumer products, Copyright, Counterfeiting, Databases, Designs, EU, GIs, Licensing, Patents, PDOs, Pharma, SPCs, The Unified Patent Court and the Unitary Patent, Trade marks & Passing-off, Transactions, UK

Innovation Disruption and Technology – the legal and commercial issues for your business

Drawing on our practitioners’ experience and understanding of the intellectual property and technology issues facing our clients in the fast changing world in which we all now do business, we made innovation and disruptive technology the key themes at our … Continue reading

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Filed under 3D printing, Advertising, Agribio, Agribusiness, AI, Augmented reality (AR), Consumer products, Copyright, Counterfeiting, Databases, Designs, Energy, EU, Format rights, GIs, Licensing, Media, Passing Off, Patents, PDOs, Pharma, SPCs, Technology, media & telecommunications, Threats, Trade marks & Passing-off, Trade secrets, Transactions, UK, Uncategorized, Virtual reality (VR)

BREXIT AND IP – LAW SOCIETY NOTE CALLS FOR GOVERNMENT ACTION

The exact mechanics of how Brexit will materialise and what it would mean for intellectual property rights in the UK is still unclear. However, time is now running short and the main representative bodies for IP practitioners have become concerned … Continue reading

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Filed under Brexit, Consumer products, Copyright, Designs, EU, Patents, Pharma, The Unified Patent Court and the Unitary Patent, Trade marks & Passing-off, UK

THE UNIFIED PATENT COURT (UPC) – OPEN FOR BUSINESS IN 2018?

At the start of 2017 the expectation was that the UPC Agreement would achieve the required ratification levels and that the UK could well ratify in advance of Brexit in order to become a full participant, even given the question marks that arose … Continue reading

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

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, Threats, Trade marks & Passing-off, Trade secrets, UK