Pharmaceutical patent

Litigation, Pharmaceutical patent, Plausibility, Second Medical Use, Sufficiency of disclosure, United Kingdom, Validity

, (Bristows)/ /1 Comment

In undoubtedly one of the most important decisions of the year so far, on 24 August 2021, the English Court of Appeal handed down its judgment in FibroGen v Akebia (FibroGen Inc v Akebia Therapeutics Inc [2021] EWCA Civ 1279), partially allowing FibroGen’s appeal, and so finding one of the ‘Family A’ patents, EP 823,…

China, Patents, Pharmaceutical patent

, (Baker & McKenzie FenXun (FTZ)) and (Baker & McKenzie)/

On 1 June 2021, the Amended Patent Law took effect and introduced patent term extension (“PTE“) and patent linkage (“PL“), which are closely related to the pharmaceutical industry. The legislative amendment reflects China’s determination to promote the research and development of innovative drugs in the pharmaceutical industry. The China National Intellectual Property Administration (“CNIPA“), the…

Competition, European Union, Pharma, Pharmaceutical patent

(University of Vienna, Austria)/ /1 Comment

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…

Infringement, Patents, Pharmaceutical patent, Spain, SPC

(Clifford Chance)/ /1 Comment

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…

Litigation, Pharma, Pharmaceutical patent, Portugal

(VdA Vieira de Almeida firm)/ /1 Comment

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…

CJEU, Damages, Enforcement, Generics, Infringement, Injunction, Litigation, Patents, Pharma, Pharmaceutical patent, Sweden

(Gulliksson)/ /2 Comments

Introduction A key mechanism in patent litigation and specifically for generics is the concept of “launch at risk”. In short the concept means that a product is launched prior to the expiry of a patent despite the risk that the patent proprietor in such case could initiate infringement proceedings which often includes requests for a…

(Compulsory) license, Brazil, Covid-19, Pharma, Pharmaceutical patent

/ /1 Comment

While pressure is building up on TRIPS Council for the suspension of certain obligations under the TRIPS Agreement during the COVID-19 pandemic, the Brazilian Senate approved on 29 April 2021 a bill facilitating the compulsory licensing of COVID-19 vaccines’ patents. The bill will be voted by the Brazilian House of Representatives and, if approved, it…

(Compulsory) license, France, Patents, Pharmaceutical patent

(Dhenne Avocats)/ /6 Comments

Regular readers of the Blog may be aware of my particular interest in pharma patents and, more especially since the Covid-19 pandemic, for compulsory licensing (see for instance here). I was therefore very happy (and pride) to participate in a Collective Tribune bringing together renowned specialists in property and patent laws (academics and practitioners), who…

Patents, Pharmaceutical patent, Russia

(Lidings)/

On 1 March 2021, the Eurasian Patent Office launched the Pharmaceutical Register , covering 8 jurisdictions, including Russia, Belarus, Kazakhstan A demo-version is available on the official website of EAPO.   The new Register contains information on Eurasian patents protecting active substances of drugs. The EAPO specifically indicates that the Pharmaceutical Register shall relate to…

(Compulsory) license, Competition, Generics, Patents, Pharmaceutical patent, Russia

(Lidings)/ /2 Comments

At the beginning of the year, the Russian Government granted the first compulsory license on a series of Big Pharma’s patents.  For the first time ever, “public security” clause has been evoked. According to the Decree 3718-r, Pharmasintez JSC, a Russian generic company, has been granted a 1-year compulsory license to use Gilead’s patents protecting…