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

    Challenges to German ratification of the UPC Agreement trigger delay but possibly not for long

    After the German Parliament's upper house, the Bundesrat, passed the legislation to allow Germany to ratify the UPC Agreement (UPCA), there have been two challenges filed before the German Constitutional Court.  As a result, according to information from the Federal President’s office, he has been asked to delay his signature, which is required in order for the legislation to enter into force. This time the challenges include interim injunction applications, but we expect that if these are rejected, Germany will deposit its ratification of the Protocol on Provisional Application of the UPCA and not await the full decision. Read more

    Enforcement of intellectual property rights across online platforms

    Considering how to enforce your IP rights online and make maximum use of the take-down procedures? Read Victoria Horsey, Joanna Silver and Sabesh Asokan’s practical tips in their practice notes, recently updated and published in Practical Law: • Enforcement of intellectual property rights across online platforms: injunctions A checklist on the circumstances in which a … Read more

    Views on an evolving automotive industry – standards and essential patents

    In the latest edition of the HSF Automotive sector's series of articles looking at the evolution of the industry Andrew Moir, Ina vom Feld, Frédéric Chevallier, David Webb and Laura Adde of our London, Düsseldorf and Paris IP teams consider some of the key issues surrounding standard essential patents or SEPs for those in the sector. These include, in particular, how standards work, their role in the Automotive sector, how fair, reasonable and non-discriminatory (FRAND) licensing operates, and the risks of litigation and the varying approaches across Europe (in the UK, Germany and France in particular). Read more

    The Trade and Cooperation Agreement and its impact on IP, Pharma and Medical Devices

    The final Brexit agreement, the Trade and Cooperation Agreement was agreed between the UK and the EU on 24 December 2020. Within this agreement are provisions that set out the standards expected to be recognised (mutually) between the EU and the UK in relation to intellectual property (including SPCs and trade secrets). There are some provisions concerning pharmaceutical regulation and product standards, but overall there is a lack of mutual recognition, with the consequence that, for both pharmaceuticals and medical devices, there are now effectively two separate regimes for the EU and the UK. Read more

    FLAG meeting: Ransomware and data class actions

    We are co-hosting a webinar with the Federation Against Software Theft (FAST) on Wednesday 20 January 2021, where expert speakers from Herbert Smith Freehills will provide insights into topical issues such as ransomware and data class actions. Read more

    Bundesrat passes UPC legislation – UPC could open its doors in 2022

    Today, the German Bundesrat (the upper house of the German Parliament) passed the Unified Patent Court (UPC) legislation, bringing us one step closer to the start of the UPC. To come into force, the law will now have to be signed by the Federal Government, the Federal President and, finally, published in the Federal Law … Read more