EU

CJEU confirms that trade mark owners need not amend broad specifications

David Stone

Today, the Court of Justice of the EU (CJEU) in Sky v SkyKick (C-371/18) has declined to follow the Advocate General and held that trade mark specifications that cover broad terms such as “computer software” cannot be invalidated on the basis that they are imprecise or contrary to public policy. In addition, a trade mark Read More

EU’s top court clarifies when a patent settlement agreement can infringe EU antitrust rules

Francesca Miotto

The Court of Justice of the EU (ECJ) has for the first time ruled on the issue of settlement agreements involving a value transfer (monetary or otherwise) between the holder of a pharmaceutical patent and generic drug manufacturers (so-called ‘pay-for-delay’ agreements). It has clarified the criteria governing when entry into this type of agreement can Read More

EU: On the Origin of Big Data is D.A.R.W.I.N the future?

Benjamin Scrace

A joint task force of the European Medicines Agency (EMA) and Heads of Medicines Agencies (HMA) has proposed a new approach to the use of “big data” in EU medicines regulation. The report, from the Big Data Task Force (BDTF) (accessed here), contributes to the EMA and HMA’s “EU Network Strategy” to 2025 and shows Read More

CJEU rejects presumption of confidentiality of documents lodged as part of a marketing authorisation application

Jacqueline Bore

The Court of Justice has upheld two EMA decisions to release documents lodged as part of a marketing authorisation application to third parties. In doing so it has agreed with the EMA’s approach to transparency and disagreed with the opinion of its own Advocate-General Hogan that had surprised many observers when it was published last Read More

EU Advocate General suggests pay-for-delay settlement agreements may be an abuse of dominant position

Charles Tuffreau

In an opinion issued on 22 January 2020 in the case Generics (UK) Ltd e.a. vs. Competition and Markets Authority (C 307/18), Advocate General Kokott proposes that the Court of Justice of the European Union (CJEU) should find that “an agreement in settlement of a dispute between the holder of a pharmaceutical patent and a Read More