Patent Law Weblog
Category: International IP
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By Juan Luis Serrano* — In the first and second installments of this series, we've explained the general purpose and the patents and marketing authorizations sections of the study published on August 9, 2017 by the Federal Commission for Economic Competition[1]. In this third installment we take a look at the sections on strategic behaviour and…
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By Juan Luis Serrano* — In the first installment of this series, we outlined the general contents of the study published on August 9, 2017 by the Federal Commission for Economic Competition[1], highlighting that the Antitrust authority is calling for an overhaul of several aspects of the drug market in Mexico to promote competition. In…
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Study Suggests Several Changes to Legislation on Patents, Marketing Authorizations, and Government Procurement By Juan Luis Serrano* — In July of 2016, the Federal Commission for Economic Competition announced a broad ranging study on the entry of generic drug alternatives to the Mexican market, both for private purchasing and government procurement. The results of this…
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What are SPCs? A Supplementary Protection Certificate (SPC) is an intellectual property right available for active ingredients of human and veterinary medicinal products requiring marketing authorisation1. The highest tribunal hearing disputes involving SPCs for EU member states is the Court of Justice of the European Union (CJEU). Historically there have been numerous referrals to the…
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In Decision T 488/16, the Boards of Appeal of the European Patent Office (BoA) have revoked EP 1 169 038, which protected the blockbuster protein tyrosine kinase (PTK) inhibitor dasatinib (Sprycel®). The only request on file — a single claim directed to dasatinib per se or a salt thereof — was found to lack inventive…
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The UK Supreme Court's judgment in Lilly v Actavis has profound implications for the scope of protection provided by patent claims in the UK. The judgment moves away from the principle that the patentee should enjoy the full extent, but no more than the full extent, of the monopoly that a reasonable person skilled in…
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By Josh Rich — On July 17, 2017, the United States Trade Representative released the summary of its objectives for NAFTA renegotiation, including its objectives for the intellectual property and competition provisions of the agreement. As part of the overview of its objectives, the USTR indicated that the revised version of NAFTA "must continue to…
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The UK has become the ninth state to deposit the document required to apply the Protocol on Provisional Application (PPA), which is an essential step towards formation of the UPC. Four more deposits, including that of Germany, are required for the PPA to come into force, which will allow the UPC to gain legal personality and…
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On 3 July, the European Patent Office (EPO) lifted its stays of proceedings on cases that had been held in abeyance pending new rules on the patent-eligibility of plant-related subject matter. Following an intervention by the European Commission in November 2016, as of December 2016 the EPO had stayed the prosecution of a number of…
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It was reported yesterday that the German Constitutional Court has asked the German Federal President not to ratify the Unified Patent Court Agreement (UPCA) for the time being. The request is the result of a complaint (Az.:2BvR 739/17) made to the Constitutional Court by an unnamed person. Details of the complaint are somewhat unclear at…
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