The Court of Justice of the European Union (CJEU) has clarified when a product is ‘protected by a basic patent’ within the meaning of article 3(a) of the SPC Regulation.
In a long awaited preliminary…
In a precedent case before the Russian Intellectual Property Court, the judges pointed out that mere registration of a generic drug long before the patent expiry may constitute a threat of…
Establishing a unitary SPC is one of the recommendations of the study carried out by the Max Planck Institute for Innovation and Competition for the European Commission. Either an (existing or a…
When a company is not prepared to charge a socially acceptable price in the Netherlands for a medicine, the government should use other instruments such as compulsory licences, encouraging pharmacy…
Australia ended 2016 flipping through the pages of the Productivity Commission's final Inquiry Report on Australia's Intellectual Property Arrangements.
In general, the Commission considers that IP…
By Jan Lindberg and Kiira Lehtonen
About a year ago we had an exceptional case in Finland where Ranbaxy Laboratories Limited, Ranbaxy UK Limited and Ranbaxy Pharma AB (“Ranbaxy”) were awarded…
The 23rd Annual Fordham Intellectual Property Law and Policy Conference 2015 has kicked off with opening remarks from Hugh Hansen from Fordham University School of Law, New York, reminding everyone…
Multiple rulings of the CJEU on the SPC Regulation fail to answer questions posed by the national courts, result in greater confusion and give rise to a need for yet more references.
Introduction
In…
by Max v. Rospatt
In a recent decision the Landgericht Duesseldorf (4a O 277/10 – Pramipexol) issued a preliminary injunction against a generic company before the generic was listed in one of the…