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On 19 January 2023, the UPC announced the appointment of its first Registrar and Deputy-Registrar, Alexander Ramsay and Axel Jacobi, respectively. The announcement of Mr Ramsay and Mr Jacobi's appointments was made during the Advanced preparatory training for UPC appointed judges, which was launched in Budapest on 17 January 2023. Read more
Collaborations for innovation are often established relatively quickly in pursuit of a commercial advantage. In this video recorded for Practical Law, Jonathan Turnbull and Rachel Montagnon share advice on managing such arrangements to maximise the likelihood of a successful outcome for all parties and in particular establishing the ownership, management and use of the IP involved. Read more
The new European Unified Patent Court (UPC) has been a long time coming – and now just a little bit longer with the two month delay recently announced. The new start date is 1 June 2023 with the sunrise period in which to pre-register opt-outs of European patents from the UPC's jurisdiction now starting on 1 March 2023.
Despite the short delay, businesses around the world must continue to consider their strategies for the UPC and, in particular, opt-out, ahead of the revised start date. Herbert Smith Freehills' Joint Global Head of Intellectual Property, Laura Orlando, recently spoke to Bloomberg Law to share her insights on what US lawyers should be considering in advance of its launch. Read more
On 21 October 2022, the Spanish National Markets and Competition Commission (CNMC) imposed a €38.9 million fine on pharmaceutical company Merck Sharp and Dohme (MSD) for abusing its dominant position in the Spanish market for contraceptive vaginal rings. In particular, the CNMC concluded that MSD conducted a litigation strategy against Insud Pharma, a competing company, … Read more
In this podcast series, Australian partners Rebekah Gay and Emma Iles explore a variety of topics, issues and areas of intellectual property law. In episode 17, Emma and Rebekah are joined by Julie Chiu, a Senior Associate in Herbert Smith Freehills’ London office, to discuss a number of lawsuits playing out in the United States … Read more
On 10 October 2022, the European Commission (“EU Commission“) formally adopted a Statement of Objections (“SO“) against Teva over an alleged abuse of dominance concerning its blockbuster drug Copaxone, which is used in the treatment of multiple sclerosis. As we reported in March 2021, the EU Commission was investigating for the first time a company … Read more
The UPC Committee has issued a consolidated version of the UPC Rules of Procedure following the approval of final changes to the 18th draft in July. These Rules are now in force as of 1 September 2022. For details of the final changes made to the Rules before their implementation, see our blog post here. … Read more
Under current German patent law, it is not possible to maintain a German national patent for the same invention for which a European patent has also been granted with the same priority. Under the applicable prohibition of double patenting, the German national patent would have no effect, even if the European patent were to fall … Read more
The UPC Rules of Procedure (the Rules) have been approved. Amendments to the previous (18th) draft (from 2017) have been released by the UPC Administrative Committee, in tracked changes form, with a full consolidated version promised to be “published in English, French and German during the course of the summer, before the Rules’ entry into … Read more
