When it comes to the judicial enforcement of pharmaceutical patents in Portugal, over the past few decades the general public has been driven to the misconception that the system protects…
The Supreme Court held that the mandatory arbitration court provided for litigation between patent holders and applicants for generic medicines does not have jurisdiction to decide, inter partes and…
The Constitutional Court held that the 30-day period to initiate mandatory arbitration proceedings against applicants for authorization to introduce generic medicines onto the market is a final (or…
The Constitutional Court of Portugal held that mandatory arbitration can invalidate inter partes a pharmaceutical patent where the issue is raised incidenter tantum.
Case date: 24 May 2017
Case…
The Court of Intellectual Property has exclusive jurisdiction to revoke patents. The mandatory arbitration court established by Law 62/2011 cannot declare the nullity of a pharmaceutical patent even…
The 30-day period to initiate mandatory arbitration proceedings against apllicants of authorization to introduce generic medicines in the market is an expiration or final term.
A full summary of this…
The Court of Intellectual Property has exclusive jurisdiction to revoke patents. The mandatory arbitration court established by Law 62/2011 cannot declare the nullity of a pharmaceutical patent even…
Provisional measures, notably the interlocutory injunction provided for by Article 338-I of the Portuguese Code of Industrial Property, do not extend to the provisional protection of a European…
Arbitration courts (which have mandatory jurisdiction over certain patent disputes regarding generic drugs) have the authority to issue a compulsory fine for not complying with a court order,…
Arbitration courts have competence to declare the invalidity of an allegedly infringed patent where the question is raised as an incidental defence. The decision only has inter partes effects.
A full…
