Patent and Pharma Update – April 2019

Key recent developments in the United Kingdom and Europe relating to patents and the pharmaceutical sector This issue reports on the recent UK Supreme Court decision in the tadalafil case, which foreshadows how English courts will probably respond to issues of obviousness… Read more

The Court of Justice of the European Union holds that Supplementary Protection Certificates cannot be obtained for new formulations of previously approved active ingredients in Abraxis (Case C-443/17)

In Abraxis Bioscience LLC v the Comptroller General of Patents (Case C-443/17) the Court of Justice of the European Union ("CJEU") held that Supplementary Protection Certificates ("SPCs") cannot be obtained for new formulations of previously approved active ingredients. This limitation… Read more

JAPAN-EU FREE TRADE AGREEMENT NOW IN FORCE

The Japan-EU Economic Partnership Agreement, the largest free-trade agreement between Japan and the EU (aka Japan-EU Free Trade Agreement or JEFTA) entered into force on 1 February. JEFTA eliminates most custom duties and trade barriers between Japan and the EU… Read more

Patent and Pharma Update – December 2018

Key recent developments in the United Kingdom and Europe relating to patents and the pharmaceutical sector This issue reports on several ground-breaking decisions from the UK courts on second medical use patents and skinny labels, infringement by equivalents and the… Read more

Cadbury’s colour purple trade mark can’t be split

Clarity and precision in a trade mark description are the winners in the Court of Appeal Cadbury's attempt to argue its trade mark registration for the colour purple was actually a series mark which could be split and partially maintained… Read more

Italy moves the unitary patent a step closer

The Italian Government approved a draft Bill on 21 November 2018 aimed at adapting the Italian IP Code to the Unitary Patent Regulation (EU 1257/2012) and the Unified Patent Court (UPC) Agreement. The next step before the Bill is passed… Read more

THE COURT OF APPEAL MAKES FRIENDS WITH SEP HOLDERS

Unwired Planet International Limited v Huawei Technologies Co. Limited [2018] EWCA Civ 2344 The Court of Appeal has endorsed the approach taken by Birss J at the first instance in relation to determining fair, reasonable, and non-discriminatory (FRAND) royalties and… Read more

Patent and Pharma Update – October 2018

Key recent developments in the United Kingdom and Europe relating to patents and the pharmaceutical sector The CJEU has provided its preliminary ruling in Teva v Gilead on the meaning of Article 3(a) in the context of a medicinal product… Read more

TRADE SECRETS: NEW EU RULES IN FORCE IN ITALY

Italian Legislative Decree 63 - 11 May 2018, implementing Directive (EU) 2016/943 on trade secrets, entered into force on 22 June 2018. The Italian legal system was already at the forefront of trade secret protection, affording twenty years' protection to… Read more

PATENT AND PHARMA UPDATE – July 2018

Key recent developments in the United Kingdom and Europe relating to patents and the pharmaceutical sector English courts begin to consider the new Doctrine of Equivalents as applied by the Supreme Court in Actavis v Lilly, and continue to accept… Read more

Trade Secrets – added protection in force

The Trade Secrets (Enforcement, etc.) Regulations 2018 (the "Regulations") came into force on 9 June 2018 and transpose Directive (EU) 2016/943 (the "Directive") into UK law. Summary: The aim of the Directive is to create a level playing field by… Read more

Changes to the SPC regime? The EU Commission proposal

The European Commission issued a proposal on 28 May 2018 to change the rules around Supplementary Protection Certificates (Regulation (EC) 469/2009), which if approved will substantially impact patent rights in the pharmaceutical sector. Before being launched on a European market,… Read more