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It is very unlikely that the new complaints against the Unified Patent Court Agreement, which were filed last December with the German Federal Constitutional Court (FCC), will delay the Unitary Patent project for two or three more years. Kevin Mooney, partner of Simmons & Simmons and one of the driving forces behind the UPC and…
Legal basis Chapter VI, Licensing and the Transfer of Rights, of the Industrial Property Law (IPL) of Mexico, establishes the legal basis for compulsory licenses. Articles 70 to 77, under Chapter VI, discuss in more detail the issuance of compulsory licenses. Article 70 Any person may apply to the Mexican Institute of Industrial Property (the…
In the past few years, India has produced significant case law on Standard Essential Patents (‘SEPs’), with the High Court of Delhi being the venue of several high-profile disputes. An important SEP decision in India – InterDigital v Xiaomi – was released by this court in early May 2021. The case relates to litigation occurring…
We are happy to announce the new International Law Talk Podcast episode on EU competition law developments in the pharmaceutical sector. And this one is twice as good! Not only are we discussing both competition and IP issues, but I also interviewed two leading experts in the field: Michael Clancy and David Hull from Van…
Legal Analysis The legal basis for compulsory licenses under Canadian Patent law is the Canadian Patent Act (hereinafter “Patent Act”) Chapter 9. Additionally, Part 12 of Bill C-13 amends the Patent Act to permit the Government of Canada, upon the application to the Commissioner of Patents to make, construct, use and sell a patented invention to…
As any aficionado of American legal history will be well aware, Judge Holmes, the third most cited American legal scholar of the 20th century, was nicknamed “the Great Dissenter.” This was a tribute to the 55 dissenting opinions that he wrote during his 29 years serving at the U.S. Supreme Court. Interestingly, over the years…
Case law on contributory infringement is still very scarce in Spain. A Judgment dated 13 November 2020 offers a rare glimpse into the current stance of the influential Barcelona Court of Appeals (Section 15) on contributory infringement. Two points are worth noting: on the one hand, the Court sides with a specific interpretation of “staple…
Legal Basis The legal basis for compulsory licenses under Japanese Patent Law is Article 83 of the Japanese Patent Act (Patent Act), which stipulates that, “Where a patented invention is not sufficiently and continuously worked for 3 years or longer in Japan, a person intending to work the patented invention may request the patentee or…
When transporting flowers, several measures need to be taken to maintain their freshness. Floriation’s patent required regulation of the ethylene concentration in the package. Whether Royal Flora Holland had used this feature was the central theme in this decision. The provisions judge found no direct infringement and also concluded that there was no equivalency, since…
When it comes to the judicial enforcement of pharmaceutical patents in Portugal, over the past few decades the general public has been driven to the misconception that the system protects pharmaceutical industry originators’ tactics to delay the market entry of generics. The European Generic Medicines Association (EGA)’s “Patent-related Barriers to Market Entry for Generic Medicines…
