The CJEU’s decision in Santen confirms a restrictive interpretation of ‘product’ under article 1(b) and 3(d) of the SPC Regulation, and rejects the possibility of an SPC based on a Marketing Authorisation for a new use of a previously authorised product

On 9 July 2020, the Grand Chamber of the Court of Justice of the European Union (“CJEU”) handed down its decision in Santen SAS v Directeur général de l’Institut national de la propriété industrielle (C-673/18), a reference from the Paris Court of Appeal concerning the interpretation of Articles 1(b) and 3(d) of Regulation (EC) No … Read more

CJEU rules that providing free samples of non-prescription drugs to pharmacists is permitted

CJEU rules that providing free samples of non-prescription drugs to pharmacists is permitted On 11 June, the Court of Justice of the European Union (“CJEU“) ruled on the question of whether free samples to pharmacists of medicines may be supplied by pharmaceutical companies to pharmacists. The German Federal Supreme Court (Bundesgerichtshof) had referred questions regarding … Read more

A ride towards copyright for functional designs: could the iconic Brompton folding bike enjoy copyright protection? The view from Milan

In the Brompton Bicycle case (C-833/18) the CJEU has issued a key decision on whether it is possible for a mass-produced utilitarian product with a functional design to qualify for copyright protection. The Court found that copyright protection could apply to a product “whose shape is at least in part, necessary to obtain a technical result … Read more

Brompton Bicycle – far from folded

CJEU follows Cofemel in allowing copyright protection where designs are not exclusively dictated by technical function The CJEU has decided in the Brompton Bicycle case C-833/18 (11 June 2020) that to qualify for copyright, a design must be original – that is, the subject matter must reflect the personality of its author (the creator or designer), as an … Read more

Tech Disputes webinar series (Episode 2: The evolution of copyright in the digital world)

A review of the key points to consider in dealing with digital copyright, including the communication to the public right and issues around the use of material on the internet, together with a look at how copyright may change, both in the EU with the implementation of the Directive on Copyright in the Digital Single Market, and in the UK, post Brexit without the Directive. Read more

Tech Disputes webinar series (Episode 1: FRAND 2.0 – licensing in a world of new standards)

In this webinar we will focus on some of the practical guidance issued by the courts as to how to approach FRAND negotiations, focussing on Germany, France and the UK. What should prospective licensors and licensees do differently this time for forthcoming licensing negotiations on new standards? Are we in a better position now to avoid some of the previous challenges, such as patent hold-up and hold-out? Read more