The Supreme Court held that the mandatory arbitration court provided for litigation between patent holders and applicants for generic medicines does not have jurisdiction to decide, inter partes and incidenter tantum, the validity of a patent. The right of defence of the generic applicant is not disproportionally restricted because they can challenge the validity of…
The Constitutional Court held that the 30-day period to initiate mandatory arbitration proceedings against applicants for authorization to introduce generic medicines onto the market is a final (or expiration) term. Case date: 10 April 2018 Case number: 187/2018, 41/2017 Court: Constitutional Court of Portugal A full summary of this case has been published on Kluwer IP…
The Constitutional Court of Portugal held that mandatory arbitration can invalidate inter partes a pharmaceutical patent where the issue is raised incidenter tantum. Case date: 24 May 2017 Case number: 297/16 Court: Constitutional Court of Portugal A full summary of this case has been published on Kluwer IP Law
The Court of Intellectual Property has exclusive jurisdiction to revoke patents. The mandatory arbitration court established by Law 62/2011 cannot declare the nullity of a pharmaceutical patent even if the issue is raised merely as a defence and with effects limited to the parties to the proceedings. A full summary of this case has been…
The 30-day period to initiate mandatory arbitration proceedings against apllicants of authorization to introduce generic medicines in the market is an expiration or final term. A full summary of this case has been published on Kluwer IP Law
The Court of Intellectual Property has exclusive jurisdiction to revoke patents. The mandatory arbitration court established by Law 62/2011 cannot declare the nullity of a pharmaceutical patent even if the issue is raised merely as a defence and with effects limited to the parties to the proceedings. A full summary of this case has been…
Provisional measures, notably the interlocutory injunction provided for by Article 338-I of the Portuguese Code of Industrial Property, do not extend to the provisional protection of a European patent, nor to a national patent the translation of which is not yet published, because there is an insufficent degree of fumus boni iuris as the protection…
Arbitration courts (which have mandatory jurisdiction over certain patent disputes regarding generic drugs) have the authority to issue a compulsory fine for not complying with a court order, provided that there is a present or imminent non-compliance with the ordered obligation (‘non facere’). A full summary of this case has been published on Kluwer IP…
Arbitration courts have competence to declare the invalidity of an allegedly infringed patent where the question is raised as an incidental defence. The decision only has inter partes effects. A full summary of this case has been published on Kluwer IP Law.
Obtaining an authorization to introduce generic medicaments into the market before the expiration of a patent as well as transferring the authorization to third parties does not infringe patent rights in substances used in those medicaments. Nevertheless, the exploitation of such medicaments can only take place upon the expiration of the patent or the respective…
