On December 30, 2023, the Brazilian government, through Provisional Measure No. 1.205/2023, announced the national program “Mobilidade Verde e Inovação – Green Mobility and Innovation” (MOVER), with the objective of expanding the sustainability requirements for automobiles and stimulating the development of new technologies in the areas of mobility and logistics. The program, conceived by the…

With 1.5 billion chickens and 234.3 million cows, Brazil is an important market for the animal health industry. According to the National Syndicate of the Industry of Animal Health Products (SINDAN, in Portuguese), in 2022, 700 million doses of vaccine were manufactured in Brazil for herbivorous animals, and 21 billion for aviary. The Brazilian animal…

In December 2023, the Supreme People’s Court (SPC) of China found that Chinese consumer electronics manufacturer Oppo was responsible for infringing six Chinese standard essential patents (SEPs): 99813601.8、00815854.1、99813602.6、99813640.9、01803954.5 and 99813641.7, all related to the adaptive multi-rate wideband standard (AMR-WB) which includes audio, cellular communication, and broadband technologies. More importantly, the court established the royalty rate…

Having examined the UPC texts relating to UPC “saisie-contrefaçon” (see here), it’s time to look at the initial case law. Of course, the existence of only two cases is insufficient to draw general conclusions, but we can already see how the system works in practice, and draw some conclusions. The first two proceedings were initiated…

A short but nevertheless interesting judgment was handed down last week on the different roles that technical experts on the one hand and scientific advisers on the other have to play in proceedings in the English Patents Court.   The decision of Mellor J followed a case management conference in an entitlement dispute between Dr Vanessa…

Following the issuance of G 2/21 last year, we asked whether the plausibility elephant had left the room. Our Kluwer colleague and friend Miquel Montañá discussed this issue more recently here. Several decisions have meanwhile been issued applying the new “test” in G2/21, the lucidity of which may have reminded readers of the oracle of…

In accordance with the principles of procedural economy and cost efficiency as well as a fair balance between the legitimate interests of the parties, which must be considered in the interpretation of the Rules of Procedure pursuant to Article 41(3) UPCA, the proceedings are not required to be stayed under Rule 311.1, first sentence RoP,…

In a Judgment dated 5 December 2023 in the landmark fingolimod case, Barcelona Commercial Court no. 10 rejected an action brought on grounds of unfair competition by the holder of a patent application. In unique circumstances, the claimant sought to prevent generic competitors from launching on the market during the pre-grant provisional protection period. Is…