Introduction
A key mechanism in patent litigation and specifically for generics is the concept of “launch at risk”. In short the concept means that a product is launched prior to the expiry of a…
Although he pronounced against the IP Waiver on 23 April, French President Emmanuel Macron declared having changed his mind on 6 May, following the US administration's surprising decision on 5 May.…
In mathematics, the law of numbers makes it possible to interpret the probability as a frequency of occurrence, thus justifying the principle of surveys, and presents the expectation as an average.…
Sending a warning letter is not a pre-condition to enforce patent rights as per Turkish Law. However, considering it is a cost-effective and fast way to solve disputes, patent owners may choose to…
While pressure is building up on TRIPS Council for the suspension of certain obligations under the TRIPS Agreement during the COVID-19 pandemic, the Brazilian Senate approved on 29 April 2021 a bill…
A reminder of the good old days, when many things were still normal...
I. Nemo Iudex
Once upon a time, the "nemo iudex" principle was a fundamental cornerstone of EPO Board Appeal proceedings, even…
Legal basis
The legal basis for compulsory licenses under German Patent Law is under Section 24 of the German Patent Act. The German Patent Act meets the requirements of the Trade-Related Aspects of…
(UPDATED) The US has thrown its support behind an initiative at the World Trade Organization (WTO) to temporarily waive intellectual property rights in response to the Covid-19 pandemic. Late April…
A patent owner has the right to exclude others from practicing its hard-earned patent. Typically, this exclusion covers actions such as making, using, selling, offering for sale, or importing the…
The ‘new normal’ at the EPO and more particularly plans to allow oral proceedings by videoconference even if parties don’t want it, have been leading to extensive debate over the last weeks. No less…
