UK IPO Consultation on the UK’s future exhaustion of IP rights regime

The UK Intellectual Property Office has published a consultation on the UK's exhaustion of intellectual property rights regime and what changes might be appropriate post-Brexit, including how such changes should be implemented. The consultation runs for 12 weeks until 31 August 2021. Here we outline the principles behind the different types of exhaustion regime, and summarise the options proposed by the consultation, highlighting the issues associated with each. Read more

Pharmaceutical patent term extensions: federal court hears challenge to “absurd” Australian patent office ruling

Two major pharmaceutical companies have challenged Australia’s Commissioner of Patents in the Federal Court about the time limits within which an application can be made to extend a patent term. KEY TAKEAWAYS Ono Pharmaceutical and Bristol Myers Squibb have sought judicial review by the Federal Court of an Australian Patent Office (APO) ruling which rejected … Read more

EU Action Plan on IP – the challenge ahead

Herbert Smith Freehills' European IP team have had a feature article on the EU's IP Action Plan published in the April edition of PLC Magazine – see EU Action Plan on IP – the challenge ahead here. The article looks at the current challenges for the EU in relation to IP, its key focus areas and plans for future regulation and legislation, including: • The Unified Patent Court (UPC) • Supplementary Protection Certificates (SPCs) • Compulsory licensing • Standard Essential Patents (SEPs) • AI and emerging technologies • Counterfeiting • Designs • Geographical Indications • Data • The Pharmaceutical Strategy for Europe Read more

Judicial review – another weapon in Big Pharma’s disputes arsenal?

The life sciences and healthcare sector is subject to complex regulation and decisions of Government bodies can have a significant impact on the availability and production of pharmaceutical products.  Where Government bodies take decisions of this nature, and there is no other recourse available, judicial review provides an avenue to healthcare companies and others to challenge Government decisions. Herbert Smith Freehills has had a practice note published in Practical Law which considers the various grounds of judicial review, the application of these grounds to specific cases in the healthcare sector and some particular considerations to be taken into account when making a judicial review application. Read more

A ‘new normal’ when it comes to the TGA regulation of medical devices?

Key points: In Australia responding to the urgent need for COVID-related medical devices the TGA implemented a number of emergency measures to bring medical devices to market faster. The emergency regulatory measures have proven agile, flexible and successful with the potential risks to the public well managed. The regulatory measures have potential utility beyond the … Read more

Patent pending: the law on AI inventorship

Last year the UK High Court decided that an AI system cannot be named as inventor on a patent application within the meaning of the Patents Act 1977, simply because an AI is not a person – but with the UKIPO recently calling for views on AI inventorship, could a change in law be on … Read more

Patent and Pharma Update, February 2021

Key recent developments in the United Kingdom and Europe relating to patents and the pharmaceutical sector In this edition we cover an important decision on sufficiency in England & Wales. We also cover several significant updates from the French courts, including two important decisions on SPC law. We also report on interim decisions of the Court of … Read more