The European Commission considers the future of health in Europe with new Pharmaceutical Strategy and Action Plan on IP

The European Commission has this week published a wide-ranging and ambitious Pharmaceutical Strategy for Europe, and an Action Plan on Intellectual Property. Pharmaceutical Strategy for Europe The new pharmaceutical strategy for Europe is a key pillar of the European Health Union, which President von der Leyen called for in her 2020 State of the Union … Read more

Marketing Authorisations in the post-Brexit world

New MHRA Brexit guidance was released on 1 September 2020 (and further supplemented in October 2020), after the previous UK Government guidance in relation to pharmaceuticals was withdrawn in January 2020.  The guidance confirms the regulatory steps required for grandfathering of centralised marketing authorisations to ensure that they are replaced by the UK marketing authorisations … Read more

Patent and Pharma Update, November 2020

Key recent developments in the United Kingdom and Europe relating to patents and the pharmaceutical sector In this edition we cover several important UK decisions relating to Standard Essential Patents (SEPs) and FRAND licensing, including the UK Supreme Court decision in Unwired Planet, a subsequent decision concerning jurisdictional issues in FRAND proceedings and a decision striking out … Read more

Doctrine of implied licence exhausted in Australia

A 4:3 majority of the High Court of Australia has today overturned the Full Federal Court’s unanimous decision in Calidad v Seiko (2019) 270 FCR 572. Today’s decision breaks with the Privy Council’s 1911 decision in Menck1 and holds that in Australia the doctrine of ‘exhaustion of rights’ should apply, not one of ‘implied licence’. Read more