The newly adopted European Union (EU) Directive on copyright and related rights in the Digital Single Market1 (DSM Directive) provides for text and data mining (“TDM”) exceptions for the first time at an EU legislative level. The TDM provisions are a step in the right direction, but the situation remains uncertain for innovators and researchers [...]
An European Union Trade Mark (EUTM) can be declared invalid if the applicant acted in bad faith when filing the trade mark application. The concept of ‘bad faith’ is not defined in the EUTM legislation, but the Court of Justice of the European Union (CJEU), has in several cases interpreted the meaning of bad faith [...]
The tragic 9/11 events in 2001 implied a delay in the court proceedings in Boston that dealt with a case involving AstraZeneca and its blockbuster drug Losec (Prilosec in the US). The key basic patent for this drug had been received by the Swedish company Astra in the US in 1981 (US patent # 4.255.431, [...]
ABSTRACT The CRISPR/Cas9 discovery has emerged as a powerful technology tool to edit genomes, which allows researchers, innovators and life science entrepreneurs to alter DNA sequences and modify gene function in a range of species. The simplicity, high efficiency and seemingly broad use of the CRISPR/Cas9 system has led to hopes that this disruptive technology [...]
Has Lord Neuberger in Actavis Actavis v Eli Lilly [2017] UKSC 48. introduced “an amorphous general inventive idea” The Swedish Doctrine of Equivalence (2011) by Professor Bengt Domeij, Uppsala University, top of page 3, available in English at http://uu.diva-portal.org/smash/get/diva2:391087/FULLTEXT01.pdf. test to determine UK patent infringement by equivalents? Are “inessential integers”, once found [...]
ABSTRACT Second medical use patents and their claims do not only represent highly valuable inventions for both originator and generic pharmaceutical companies, but have also been a topic of debate for many years. In particular, this is due to the fact that these inventions were originally not patentable under the European Patent Convention (EPC) in [...]
ABSTRACT In order to stimulate product development and innovation in the pharmaceutical industry, the United States Congress in 1984 enacted Title II of the Drug Price Competition and Patent Term Restoration Act (Public Law 98-417), also known as the Hatch-Waxman Act. One goal of the Hatch-Waxman Act was to extend patent life to compensate patent [...]
