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, Covid-19

(Dhenne Avocats)/ /6 Comments

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:…

Case Law, Infringement, Turkey

, (Gün + Partners)/ /1 Comment

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…

(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, Compulsory Licensing Series, Germany

(University of Illinois at Chicago, John Marshall Law School)/ /2 Comments

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…

Covid-19, TRIPS

/ /3 Comments

(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…

(Compulsory) license, Compulsory Licensing Series

(Casimir Jones S.C.)/

A patent owner has the right to exclude others from practicing its hard-earned patent.  Typically, this exclusion covers actions such as making, using, selling, offering for sale, or importing the patented invention.  In many jurisdictions, the patent owner has a legal obligation to work its invention in exchange for this exclusive monopoly.  However, under certain…

Covid-19, EPC, EPO

/ /12 Comments

The ‘new normal’ at the EPO and more particularly plans to allow oral proceedings by videoconference even if parties don’t want it, have been leading to extensive debate over the last weeks. No less than 47 amicus curiae briefs were filed with the Enlarged Board of Appeal in case G 1/21, where the crucial referral question…