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 possibility of global FRAND licences for standard essential patents (SEPs).  We also look at some significant decisions from the CJEU on SPCs and reimbursements in relation to medicinal products and a few developments at the European Patent Office. Finally, we provide our usual round-up of the latest UPC developments (this time from Italy) and Brexit-related developments relevant to the pharma sector. Continue reading

Brands force ISPs to block sites selling infringing goods and counterfeits

The Court of Appeal has confirmed that the English courts have jurisdiction to make blocking orders against internet service providers ("ISPs") in the trade mark context, as well as in respect of copyright works. In Cartier, Montblanc and Richemont v BSkyB, BT, TalkTalk, EE and Virgin [2016], the Court of Appeal on 6 July 2016 upheld Arnold J's orders that the ISPs block access to certain target website offering counterfeit products (see our e-bulletin covering Arnold J's first instance decision here).

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