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Roberto Castro de Figueiredo
Brazilian President’s Assent to the Bill on the Compulsory Licensing of COVID-19 Vaccines’ Patents
September 14, 2021

The Brazilian President gave his assent to the bill introducing new rules on the compulsory licensing of patents, which facilitates the compulsory licensing of COVID-19 vaccines’ patents. The…

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Matthieu Dhenne (Dhenne Avocats)
The Hit Parade of Patent Infringement Damages in Europe: France is Great (Again)
September 13, 2021

My eminent colleague Pierre Véron, who needs no introduction here, is the author of a recent survey on the ranking of European jurisdictions in terms of damages awarded over the period 2000-2019…

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Brian Cordery, Robert Burrows (Bristows)
“An Error of Principle and Approach” – Birss LJ clarifies the law on breadth of claim and uncertainty insufficiency
September 08, 2021

In undoubtedly one of the most important decisions of the year so far, on 24 August 2021, the English Court of Appeal handed down its judgment in FibroGen v Akebia (FibroGen Inc v Akebia…

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John Collins, Natalie Shoolman, Rose Jenkins (Clayton Utz)
Robots are taking over the patent world – AI systems or devices can be "inventors" under the Australian Patents Act
September 08, 2021

[KEYPOINT]: A historic Federal Court decision says an artificial intelligence system is capable of being named as an "inventor" under the Patents Act 1990, with potentially significant ramifications…

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Kluwer Patent blogger
Chairman Preparatory Committee is hopeful start Unified Patent Court will not be delayed by Brexit complications
September 01, 2021

Recruitment of judges and top officials of the Unified Patent Court, training of staff and work on the CMS are some of the tasks that lay ahead now that the Period of Provisional Application of the…

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Brian Cordery (Bristows)
Timings and Procedure in the English Patents Court – a Short Update
August 30, 2021

As many Kluwer readers will know, the last 18 months have witnessed a changing of the guard within the English Patents Court with long-standing first instance judges Arnold and Birss JJ being…

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Miquel Montañá (Clifford Chance)
Barcelona Appeal Court sheds some light on the difficult interface between national infringement proceedings and parallel EPO opposition proceedings
August 27, 2021

For many years, due to the rigidity of Spanish civil procedure, it was very difficult, if not impossible, to accommodate in national infringement proceedings events that may have taken place in…

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Charlotte Jacobsen (Gibson, Dunn & Crutcher LLP), Filko Prugo, James Stevens (Ropes & Gray LLP)
Carve outs and Causation: Moving Away From Hypothetical Hatch-Waxman Infringement
August 24, 2021

The Hatch-Waxman Act allows the FDA to permit a generic version of a branded product, which is partially patent protected, to come to market if the generic manufacturer “carves out” the patent-…

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Radhi Shah (USC Gould School of Law)
Compulsory License: United States of America
August 23, 2021

28 U.S.C § 1498 (a) (Governmental Use) The United States (U.S.) does not have any provisions for a compulsory license. The closest provision that it does have to the licensing of medicines and…

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Kluwer Patent blogger
Unified Patent Court will start operating within a year
August 18, 2021

The Unified Patent Court will open its doors for cases around mid-2022.  That is the expectation of the UPC Preparatory Committee, which has published a time plan for the Provisional Application…

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