ABSTRACT Despite the therapeutical benefits of dosage regimes, being granted and securing patent protection for these types of inventions has always been difficult. Historically dosage regimes have generally been excluded from patent law as these were held to either lack industrial application or were caught by the medical methods exclusions arguing that these inventions unjustifiably [...]
INTRODUCTION In a world with an estimated population of 7.6 billion, 2 billion people lack access to medicines that are imperative to their health and survival. World Health Organization, “Access to Medicine Index 2018 – Methodology Report,” 6. Consequently, 15,000 deaths per day (more than half of the 5.6 million children who died [...]
Naming pharmaceuticals is a topic that has been thoroughly investigated and buzzed around, and where the world's expertise agrees on at least one thing. With today's increasingly dense jungle of brands, combined with the famously strict regulations of authorities such as the European Medicines Agency (EMA), the US Food and Drug Administration (FDA) and the [...]
INTRODUCTION Where to draw the line between the protection of new innovations within the pharmaceutical area, on the one hand, and the generic companies’ right to enter the market on the other, has been subject to discussion in patent law for a long time. The innovative pharmaceutical companies’ right to exclusively capitalise on their innovative [...]
ABSTRACT The purpose of this article is to examine the complexity of the concept of parody from dual perspectives, namely as a copyright defence provided by the InfoSoc Directive in Article 5(3)(k) and as a manifestation of the freedom of expression which is guaranteed by the Charter in Article 11. Mainly, the research identifies if [...]
ABSTRACT The worldwide revenues from the sale and licensing of patents have soared into the hundreds of billions of dollars in recent years. Consequently, the market for patents has become an important strategic option for firms to stay competitive, both by allowing them to leverage their own intellectual property rights (IPR), but also as a [...]
Case Note A study of two recent trade mark cases and what they can tell us about the protection of unconventional trade marks. Read this article as a PDF
