BREAKING: Commission seeks to postpone implementation of EU Medical Device Regulation in light of Covid-19 crisis

Eveline Van Keymeulen

Today, on 25 March 2020, the Commission announced that “The Commission is working on a proposal to postpone the entry into force of the new Medical Device Regulation for one year. We are working hard to submit this proposal early April and we call on Parliament and on Council to adopt it quickly, as the Read More

Evalve v Edwards – Review of competing public interests in grant of final injunctions

Marjan Noor

The issue of whether public interest considerations can be relied upon against the grant of a final injunction, or for a carve out in the injunction, is a very live one in disputes in relation to innovative medical devices and pharmaceuticals. In this decision, Edwards argued that, although its PASCAL product used to treat mitral Read More

EU takes measures to regulate distribution of medical supplies in response to Covid-19

Eveline Van Keymeulen

On 15 March 2020, Ursula Von Der Leyen, the President of the European Commission, announced a variety of measures regarding the export of medical supplies outside and within the European Union in response to the Covid-19 pandemic. A new export authorisation scheme was put in place on 14 March to impose a prior governmental export Read More

EMA takes specific steps to reduce possible impact of Covid-19 on pharmaceutical supply chain in EU

Nieke Vanavermaete

In a recent press release, the EMA announced that problems regarding the supply chain of medicines cannot be disregarded as the novel coronavirus (Covid-19) continues to spread. EMA has not (yet) received reports of current shortages or supply disruptions of medicines marketed in the EU due to the outbreak at this point. However, in a Read More

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