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Patent and Pharma Update – June 2017

Our regular Patent and Pharma Update aims to keep you informed of recent developments in United Kingdom and European law relating to patents and the pharmaceutical industry.

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

UPC commencement postponed – Preparatory Committee announces that 1 December 2017 start date cannot be maintained

Latest UPC developments: UPC Preparatory Committee announces that 1 December 2017 start date for UPC has been postponed (7 June 2017) Private challenge to the UPC system made before German Constitutional Court delays progress of Gernan UPCA ratification UPC Protocol on Provisional … Continue reading

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

Court of Appeal foils Kit Kat on acquired distinctiveness

In the latest instalment of a ten year battle to register the shape of the Kit Kat bar as a UK trade mark, the Court of Appeal has dismissed Nestlé's appeal in Société des Produits Nestlé v Cadbury UK Ltd … Continue reading

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Filed under Consumer products, Trade marks & Passing-off, UK

Patents Court finds SPC based on a Markush formula valid in Sandoz v Searle

The Patents Court has held that Searle's supplementary protection certificate ("SPC") based on a claim setting out a Markush formula is valid. Arnold J considered the interpretation of Article 3(a) of the SPC Regulation and its application to Markush formulae … Continue reading

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Filed under EU, Patents, Pharma, UK, Uncategorized

More flexibility to threaten IP proceedings in the UK under new Unjustified Threats legislation

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

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

Unlawful streaming is as infringing as unlawful downloads – Further guidance from the CJEU on “communication to the public”

The CJEU has issued its ruling in Filmspeler that the sale of a multimedia player specifically configured to link to websites on which protected works are made available to internet users, without the consent of the copyright holders, is a … Continue reading

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Filed under Copyright, EU, Media, Technology, media & telecommunications, UK

First High Court judgment on FRAND royalties

UK Court takes tough stance on party unwilling to take Worldwide licence on FRAND terms. The UK High Court has handed down its first decision determining FRAND royalties, and has provided clear guidance as to the rights and obligations of … Continue reading

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

The Unified Patent Court and Unitary Patent – Introduction

Consistent progress has been made towards the establishment of a unitary patent right (UP) across most countries in the EU. 26 of the 28 European Union Member States (MSs) have participated in the enhanced cooperation needed to establish this new … Continue reading

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

UPC Preparatory Committee releases a “final” update to the 18th draft of the UPC Rules of Procedure

The UPC preparatory committee has released an updated version of the 18th draft of thee UPC Rules of Procedure (with amendments being dated 15 March 2017), which can be accessed here. Subject to formal adoption, we understand that this update … Continue reading

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

3D Printing and IP – Herbert Smith Freehills publishes Practice Note on 3D printing published by Practical Law IP&IT

Our Practice Note on 3D printing published by Practical Law here: https://uk.practicallaw.thomsonreuters.com/Document/I3466c5d71a1711e798dc8b09b4f043e0/View/FullText.html?transitionType=SearchItem&contextData=(sc.Search)&firstPage=true&bhcp=1 provides an overview of the 3D printing industry and highlights the challenges for intellectual property (IP) rights-holders when seeking to enforce their rights if they are infringed by 3D … Continue reading

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Filed under 3D printing, Consumer products, Copyright, Counterfeiting, Designs, Licensing, Patents, Technology, media & telecommunications, Trade marks & Passing-off, Trade secrets, UK, Uncategorized