Tag Archives: Supplementary protection certificates
Advocate General proposes literal interpretation of Article 3(d) SPC Regulation in Abraxis (C-443/17)
The Advocate General of the CJEU proposed a narrow interpretation of Article 3(d) in the Opinion given yesterday in Abraxis Bioscience LLC v Comptroller General of Patents 13 December 2018, one that would marginalise the effect of the CJEU’s decision in … Continue reading
Draft Withdrawal Agreement Approved by UK Cabinet – IP and Marketing Authorisation Provisions Summarised
As was widely reported yesterday evening, the Draft Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community (the Draft Withdrawal Agreement (14 November 2018)), detailing the arrangements … Continue reading
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Filed under Agribio, Consumer, Copyright (and related rights), Designs and Databases, EU, IP licensing and transactions, Media and Advertising, Patents and SPCs, Pharma, Trade marks, Passing off, Geographical indications, PDOs, UK, Uncategorized
Brexit “no deal” technical notices published on Patents, Trade marks, Designs, Copyright, GIs, and Exhaustion of rights
The latest tranche of “no deal” technical notices was released yesterday afternoon by the UK Government. Amongst them are several notices that highlight the Brexit issues faced by intellectual property right owners and, in some cases, confirm the Government’s approach to resolving them. The … Continue reading
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Filed under Agribio, Consumer, Copyright (and related rights), Designs and Databases, EU, France, Italy, Media and Advertising, Patents and SPCs, Pharma, Trade marks, Passing off, Geographical indications, PDOs, UK
CJEU SETS OUT TEST ON THE INTERPRETATION OF ARTICLE 3(a) SPC REGULATION
The Court of Justice of the European Union (CJEU) has today delivered its decision on the interpretation of Article 3(a) SPC Regulation in Case C-121/17 Teva v Gilead. The CJEU has said that in the case of an SPC for … Continue reading
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, … Continue reading
UK Government agrees elements of the European Commission’s proposals for post-Brexit protection of EU-wide IP rights in the UK in the latest draft of the Withdrawal Agreement
In the latest draft of the Withdrawal Agreement (19 March 2018) the UK Government and European Commission negotiators appear to have agreed text providing for the replacement of EU-wide IP rights having effect in the UK with equivalent UK rights … Continue reading
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Filed under Agribio, Consumer, Copyright (and related rights), Designs and Databases, EU, IP licensing and transactions, Patents and SPCs, Pharma, Trade marks, Passing off, Geographical indications, PDOs, UK
PATENT AND PHARMA UPDATE – November 2017
Key recent developments in the United Kingdom and Europe relating to the patents and pharmaceutical sector. One of the most significant developments in the patent law arena in recent years has been the decision of the Supreme Court in Actavis … Continue reading
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Filed under EU, Patents and SPCs, Pharma, UK
Commission paper on IPR post-Brexit highlights the importance of resolving key issues prior to withdrawal
The European Commission has published a “Position paper transmitted to EU27 on Intellectual property rights (including geographical indications)” (7 September 2017) which proposes that the (Brexit) Withdrawal Agreement should ensure that: The protection enjoyed in the United Kingdom on the basis … Continue reading
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Filed under Consumer, Copyright (and related rights), Designs and Databases, EU, Media and Advertising, Pharma, Trade marks, Passing off, Geographical indications, PDOs, UK
Patents Court finds SPC based on a Markush formula valid in Sandoz v Searle
The Patents Court has held that Searle's supplementary protection certificate ("SPC") based on a claim setting out a Markush formula is valid. Arnold J considered the interpretation of Article 3(a) of the SPC Regulation and its application to Markush formulae … Continue reading
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Filed under EU, Patents and SPCs, Pharma, UK
3D Printing and IP – Herbert Smith Freehills publishes Practice Note on 3D printing published by Practical Law IP&IT
Our Practice Note on 3D printing published by Practical Law here: https://uk.practicallaw.thomsonreuters.com/Document/I3466c5d71a1711e798dc8b09b4f043e0/View/FullText.html?transitionType=SearchItem&contextData=(sc.Search)&firstPage=true&bhcp=1 provides an overview of the 3D printing industry and highlights the challenges for intellectual property (IP) rights-holders when seeking to enforce their rights if they are infringed by 3D … Continue reading
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Filed under Confidential information and trade secrets, Consumer, Copyright (and related rights), Designs and Databases, Innovation, AI, AR and VR, IP licensing and transactions, Media and Advertising, Patents and SPCs, Trade marks, Passing off, Geographical indications, PDOs, UK