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…
Legal Basis In seeking to promote effective and adequate protection of intellectual property rights, South Africa became a signatory to the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement in 2005. This became the basis for compulsory licenses in South Africa. South Africa incorporated these provisions into the South African Patents Act 1997 (the Act),…
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…
Although he pronounced against the IP Waiver on 23 April, French President Emmanuel Macron declared having changed his mind on 6 May, following the US administration’s surprising decision on 5 May. These contradictory statements have rekindled the controversy over the IP waiver, which is a wrong path that distracts the debate from the real issue:…
In mathematics, the law of numbers makes it possible to interpret the probability as a frequency of occurrence, thus justifying the principle of surveys, and presents the expectation as an average. This theory alone could very well summarize the decision of the Paris Court of Appeal regarding the Osimertinib SPC’s rendered on February 9, 2021….
Sending a warning letter is not a pre-condition to enforce patent rights as per Turkish Law. However, considering it is a cost-effective and fast way to solve disputes, patent owners may choose to send warning letters to perceived infringers. In 2014, a global pharmaceutical company filed a patent infringement action against a Gx company asking…
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…
A reminder of the good old days, when many things were still normal… I. Nemo Iudex Once upon a time, the “nemo iudex” principle was a fundamental cornerstone of EPO Board Appeal proceedings, even though EPO management did not always appreciate it (do you still remember R 19/12?). The principle reads in full: Nemo Iudex…
Legal basis The legal basis for compulsory licenses under German Patent Law is under Section 24 of the German Patent Act. The German Patent Act meets the requirements of the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement and the implementation of the Directive on the Legal Protection of Biotechnological Inventions (Directive 98/44/EC). A claim…
(UPDATED) The US has thrown its support behind an initiative at the World Trade Organization (WTO) to temporarily waive intellectual property rights in response to the Covid-19 pandemic. Late April rich members of the WTO, including the US, were still blocking the proposal backed by developing countries to suspend these rights for the production of…
