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After several rounds of revisions, the latest draft of the 4th amendment of the Patent Law was released by the Standing Committee of the National People’s Congress (“NPC”) after its first reading in December 2018. This version is expected to be very close to the final amendment. As a response to the “Opinions on strengthening…
The focus in The Netherlands on the option of compounding medicines as a means to circumvent the use of (expensive) authorised medicinal products of pharmaceutical companies and to pressurize them into lowering their prices, is confusing and possibly misleading and not necessarily good for patients. Attorney-at-law Hanneke Later-Nijland, also a trained pharmacist and a former…
Although at first instance the patent was found to lack inventive step without using the problem-and-solution approach, the use of the PSA by the Court of Appeal did not make a difference to the outcome in the present case. Case date: 28 May 2019 Case number: 200.222.873/01 Court: Court of Appeal of The Hague A full…
The legislative procedure introducing an SPC manufacturing waiver in the European Union has been completed today on 11 June 2019 with the publication of the corresponding new Regulation (EU) 2019/933 of 20 May 2019 (PDF) in the Official Journal of the EU. The manufacturing waiver provisions will enter into force on the 20th day after…
The Court of Appeal dismissed Synthon’s appeal against the Patent Court’s finding that the patent in suit did involve an inventive step over the prior art, and Teva’s appeal against the Court’s finding that certain claims of the patent were invalid for added matter. Case date: 21 March 2017 Case number: [2017] EWCA Civ 148…
by Hetti Hilge In its latest FRAND judgment the Düsseldorf appeal court confirmed that in the context of FRAND evaluation the emphasis shall be – in contrast to English practice – on the ND (‘non-discriminatory’) prong of FRAND. The decision was rendered on 22 March 2019 in the appeal proceedings between Unwired Planet and Huawei…
The Court held that the CJEU decision in the Bericarp case, where it was decided that for invalidity procedures no reimbursement of full litigation costs applies, did apply to invalidity proceedings if these did not contain an enforcement procedure. Case number: 26 March 2019 Case date: 200.230.424/01C/09/509050 / HA ZA 16-435 Court: Court of Appeal of…
Three years after the last recruitment campaign for legally and technically qualified judges of the Unified Patent Court, the UPC Preparatory Committee has launched a new round of recruitment for UPC judges. An announcement was published on the website of the Preparatory Committee (Prep Com) earlier today. Kluwer IP Law understands the Preparatory Committee had…
On April 11, the National Assembly definitively adopted the PACTE bill[1]. In its section entitled “Protecting inventions and freeing up the experimentation of our companies”, the bill contains several patent provisions aimed, according to the text, at “promoting innovation and facilitating the growth of SMEs“. The main innovations in the field of industrial property, as…
Russian law provides that information on state registration of drugs shall be publicly available. For a long period, MoH used to turn a blind eye to this obligation, keeping information on all filed applications confidential. Absence of this information used to pose additional risks for patent holders lacking information on the upcoming launches of generic…
