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Roberto Castro de Figueiredo
Brazilian Senate Approves Bill on the Compulsory Licensing of COVID-19 Vaccines’ Patents
May 12, 2021

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…

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Thorsten Bausch (Hoffmann Eitle)
A Few More Thoughts on Normality
May 11, 2021

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…

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Liat Sanz Martinez (University of Illinois at Chicago, John Marshall Law School)
Compulsory Licensing Germany
May 10, 2021

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…

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Kluwer Patent blogger
Covid: US backs waiver on vaccine intellectual property
May 05, 2021

(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…

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Lisa L. Mueller (Casimir Jones S.C.)
Compulsory Licensing Patent Law Series
May 03, 2021

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…

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Kluwer Patent blogger
EPO oral proceedings by videoconference: 47 amicus curiae briefs in case G 1/21
April 30, 2021

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…

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Matthieu Dhenne (Dhenne Avocats)
French bill proposal authorizing the granting of an ex officio license in the interest of public health in the event of an extreme health emergency
April 28, 2021

In my last post I deciphered several fake news, which spoil the public debate about compulsory licensing, I then mentioned a French bill proposal, introduced by Mr. Ronan Le Gleut in the Senate on…

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Miquel Montañá (Clifford Chance)
The time is ripe for the CJEU to explicitly apply its renewed doctrine on the meaning of "product" also to art. 3(c) of the SPC Regulation
April 27, 2021

The long and winding road, as The Beatles would put it, that led to the judgments of the CJEU in Teva et altri v. Gilead Sciences (Case C-121/17) and Royalty Pharma v. Deutsches Patent und Markenamt…

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Enrico Bonadio (City St. George’s, University of London), Luke McDonagh (London School of Economics), Francesco Chierichetti (Legance)
Standard Essential Patents in Italy: a review of the existing case law
April 21, 2021

SEP-related case law in Europe is regularly reported in this blog, and other European platforms. Decisions of courts in UK, Germany, France and the Netherlands on FRAND royalties, anti-suit…

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Kluwer Patent blogger
Pragmatic policy decisions needed in the case of independent AI inventions
April 16, 2021

The greatest challenge for IP in the area of artificial intelligence (AI) will be to achieve some level of harmonisation worldwide. IP expert Adam Liberman has said this in the second part of a…

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