“Alle Jahre wieder” (Every year) is the title of one of the most popular German Christmas songs. And alle Jahre wieder / every year there is advent time, which seems to be the perfect time for the invocation of the immediately imminent advent of the Unified Patent Court (UPC). MIP made the start with its…
“If I listen to [judge rapporteur in the case against the Unified Patent Court Agreement] Peter Huber and the German Constitutional Court (FCC) rules at the end of March, I have the optimistic view the ruling will be a positive one.” Alexander Ramsay, chairman of the UPC Preparatory Committee, has said this in an interview…
The constitutional complaint holding up the start of the Unified Patent Court will be decided upon in the first quarter of next year. Justice Peter Huber of the German Federal Constitutional Court (FCC), who is overseeing case 2 BvR 739/17, has said this in an exclusive interview with Managing IP. Huber added that the time…
The Dutch authorities have handed over to the European Medicines Agency (EMA) its new premises, located in the Zuidas business area of Amsterdam. On 15 November EMA’s Executive Director Guido Rasi ‘signed the lease agreement and thanked the Dutch authorities for reaching this important milestone on time’, according to a report on the EMA website. EU…
The jurisprudence of the Court of Justice for the European Union is not excluding the possibility to allow a non-EU Member State forming part of the UPCA. This is one of the conclusions in ‘EU Patent and Brexit’, a research paper which was requested by the European Parliament’s Committee on Legal Affairs and commissioned, overseen…
The compatibility of the Unified Patent Court Agreement (UPCA) and two pieces of draft legislation submitted for its ratification in Germany with the German Constitution was examined only very selectively, whereas the compatibility with EU law was apparently not examined at all. This is the conclusion of the Düsseldorf based patent lawyer Ingve Björn Stjerna,…
The injunction gap is a frequently discussed characteristic of those European jurisdictions, Hungary being one such country, whose patent litigation systems are bifurcated. In a preliminary injunction proceeding in Hungary the court does not assess the validity of the patent in suit, at least not simply at the level of arguments, although decisions on invalidity…
One of the features that render the European Union’s Supplementary Protection Certificate (SPC) unique in comparison to similar legal instruments in other jurisdictions, including the United States and Japan, is that there is no legal provision expressly calling for any specific relationship or agreement between the patent proprietor (and SPC applicant) on the one hand,…
The Czech Republic will not ratify the Unified Patent Agreement in the near future, even if the Unitary Patent system takes the hurdles of the Brexit and the German constitutional complaint. According to a Price Waterhouse Coopers (PwC) report on the impact of the patent package, which was commissioned by the national IP office, the…
In the field of supplementary protection certificates (SPCs) in the European Union, the majority of all CJEU referrals resolved to date have dealt with the interpretation of the – presumably simple – condition that an SPC can only be granted for an active ingredient (or a combination of active ingredients) that is “protected” by the…
