As the readers will know, the complex architecture of the European patent system allows third parties to challenge the validity of a patent by filing an opposition before the European Patent Office (“EPO”), by filing a revocation action before national Courts, or by using both routes. In some cases, this has given rise to the…
The Proposal for a New Regulation on Customs Action of May 2011 is presently under discussion in a Council Working Group. Among other topics, in particular the new right to be heard, the limitation of simplified procedures to counterfeit and pírated goods, the new procedure for the destruction of goods in small consignments, the incorporation of topography rights into the Regulation, the handling of goods in transit and the structure of the new Regulation will probably need further clarification.The end of discussions is presently not to foresee.
The readers will recall that one of the requirements for obtaining preliminary injunctions introduced by Directive 2004/48 (the so-called “Enforcement Directive”) is proving that there is an “imminent” threat of infringement. In cases dealing with the pharmaceutical sector, Spanish Courts have interpreted “imminent” to mean that the defendant is in an objective position to launch…
In October 2009, we reported the UK Court of Appeal’s referral to the European Court of Justice (as it was then known) regarding the meaning of the term ‘the first authorisation to place the product on the market’ referred to in Article 13(1) of Council Regulation (EEC) 1768/92 (the “Regulation”) concerning the creation of a…
Italy has recently filed a complaint with the Court of Justice against Council’s decision of 10 March 2011 no. 167 authorising enhanced cooperation under Art. 20 TEU in the area of the creation of unitary patent protection. Spain had already filed one a few weeks before. As is known, negotiations between the Member States on…
Combination products (containing two or more active ingredients) raise difficult questions with respect to supplementary protection certificates (SPCs). Can a SPC be based on the market authorisation (MA) of a combination product, if the patent only covers one active ingredient? On 13 July 2011, the Advocate General at the CJEU delivered her Opinion on the…
A movement is emerging now among the French courts to stay the proceedings in litigations relating to supplementary protection certificates (SPCs) and more precisely relating to the interpretation of Article 3(a) of Regulation (EC) No. 469/2009 (former Regulation No. 1768/92): “the product is protected by a basic patent in force”. These proceedings are stayed waiting for future decisions…
In Denmark, a patentee may opt to apply for a utility model registration in addition to a patent, provided that the conditions for the grant of both rights are fulfilled. One of the strategic advantages of applying for both rights in Denmark is that the utility model registration is not subject to as thorough a…
Imagine: Wouldn’t it be fantastic to have one single patent which you could apply for at the WPO, the World Patent Office? A World Patent, which would be valid worldwide and which could be enforced in each single country of the world with worldwide effect? Decisions of the national local chambers of the World Patent…
Customs actions based on the EC Regulation No 1383/2003 are a very effective tool. Also patentees can file an application for border seizure with the national customs authorities to prohibit infringing goods from entering into the European Community. Customs authorities detain goods which are merely suspected of infringing a patent; they do not decide whether…
