A patent is a document, issued, upon application, by a government office (or a regional office acting for several countries), which describes an invention and creates a legal situation in which the patented invention can normally only be exploited (manufactured, used, sold, imported) with the authorization of the holder of the patent. ‘Invention’ means a solution to a specific problem in the field of technology. An invention may relate to a product or a process. The protection conferred by the patent is limited in time, generally 20 years. In a number of countries, inventions are also protectable through registration of a ‘utility model’ or ‘short-term patent’.
Traveling back from an interesting and lively VPP meeting on a train at dawn through beautiful, lonesome parts of Germany, full of large forests hosting mythical creatures that made it into the fairy tales of the Grimm Brothers, I felt somehow elated. So let me use this momentum to refresh our spirits by debunking three…
In another post (here) I have discussed the procedure for seeking post grant limitation in the framework of Italian court proceedings, and the closing line of that post mentioned that another interesting point of discussion would be when such post-grant limitation should take effect vis-à-vis infringers. In fact, a few decisions have touched this issue…
Chinese courts heavily rely on evidence to rule a case, and conventionally, notarization is basically the only option when a party collects evidence by itself. However, conventional notarization has its limitations and is not always an efficient approach. With the development of technology, some new forensics methods are emerging and are being explored in trials…
On 9 October 2019, the Court of Appeal dismissed an appeal against the finding that a patent directed towards ceramic compounds was sufficient and allowed two procedural appeals on issues of liability. Anan Kasei and Rhodia (“Rhodia”) are respectively the proprietor and exclusive licensee of a patent for ceric oxide compounds for use in catalytic…
Since the Ruling of 19 September 2012 from the Barcelona Court of Appeal (Section 15), this Court has taken the view that when a preliminary injunction is ordered “ex parte“, if it is later lifted, the applicant is always obliged to compensate the defendant for the damages that may have been caused. This conclusion has…
Times where a lot is written about matters of constitutional law are not necessarily good times. When the wheels of a state or state-like organization engage smoothly with each other and when separation of powers, rule of law and checks and balances are considered as self-evident and given, there is no particular need to spend…
In most legal systems, preliminary injunctions in patent matters require the applicant to show that he would suffer an irreparable disadvantage without the approval of the requested preliminary injunction. In the different legal systems, there are different standards and requirements for the proof of irreparable harm. While some jurisdictions require a completely irreparable disadvantage, others…
By Sarah Blair This panel session provided an update on the current state of play of Brexit and its impact on intellectual property law. The panel’s moderator, Daniel Cheng Yong Lim (Kirkland & Ellis), opened the session by providing a brief introduction to the current situation: the UK is currently set to leave the EU…
Moderated by the Chair of AIPPI’s Biotech Committee, Dr Juergen Meier, this pharma panel session aimed to compare and contrast the protection available to proprietors of antibody patents across a number of important jurisdictions: the US, Canada, Europe, China and Japan. Echoing a point made by Sir Robin Jacob in his address at the Opening…
On 29 August 2019, the Danish High Court (Eastern Division) rendered a decisive new decision regarding legal costs in Danish patent (and IP) litigation, markedly changing the previously conservative tendency in awarding costs in Danish patent cases: In one among several parallel cases regarding an SPC (Tenofovir), the Maritime and Commercial High Court in April…
