G 1/21 – We have a new Chairman
That went quick.
De Boufflers Collective Position Paper – The waiving of intellectual property : a poor response to a real problem
Readers of this blog know my interest in compulsory licensing as a balancing mechanism for patents[1]. For more than a year now, I have been repeating it wherever I can (here, in many peer reviews, French medias[2] and with French representatives[3]): in the face of the pandemic, patent holders must accept that their rights are…
Patent case: Floration Europe B.V. vs. Coöperatie Royal FloraHolland U.A., Netherlands
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…
Pharma Patent Litigation in Portugal: A skewed perspective
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…
South Africa Compulsory Licensing
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),…
CJEU, Damages, Enforcement, Generics, Infringement, Injunction, Litigation, Patents, Pharma, Pharmaceutical patent, Sweden
Launch at risk concept still is not at risk in Sweden following C-688/17
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…
The IP waiver for Covid-19: a wrong good idea
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:…
Osimertinib SPC’s: the Law of Numbers
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….
Warning Letters: More trouble, less solution!
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…
Brazilian Senate Approves Bill on the Compulsory Licensing of COVID-19 Vaccines’ Patents
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…