Germany

UPC ratification process in Germany put on hold following constitutional complaint

Joachim Feldges

In March 2017, a constitutional complaint was filed against both the German bill for ratifying the UPC Agreement and the UPC Agreement itself with the German Federal Constitutional Court (“Bundesverfassungsgericht”). Many stakeholders have been speculating on the grounds for this constitutional complaint. Now, the German Federal Constitutional Court has disclosed the main line of argumentation Read More

SPC protection for a derivative of an active substance in Germany – Paliperidonpalmitat

Birgit Kramer

In its decision file no. 14 W (pat) 25/16 of 5 September 2017, the German Federal Patent Court had to decide under which circumstances an own SPC can be obtained for a derivative of a pharmaceutical active substance. The context is Art. 3c Reg. no. 469/2009 (that there may not be more than one SPC Read More

German Federal Court of Justice maintains patent-compulsory license for HIV medicine

Birgit Kramer

The HIV medicine Isentress from Merck may be further distributed.  On 11 July 2017, the German Federal Court of Justice confirmed a decision by the Federal Patent Court (reference X ZB 2/17).  This had determined that the Japanese pharmaceutical company Shionogi must grant the competitor Merck a compulsory license to its European patent (EP 1 Read More

A&O at the Young EPLAW Congress 2017

Jin Ooi

Allen & Overy was represented by Steven Baldwin, Jin Ooi, Rafi Allos and Robyn Trigg at the annual Young EPLAW Congress in Brussels on 24 April 2017.  This year’s Congress covered a number of topics of interest in the Life Sciences, not least the current hot topic of plausibility which Jin Ooi presented on.  Below is a Read More

German Court Issues Compulsory License for Isentress®

Birgit Kramer

On 31 August 2016, the third senate of the Federal Patent Court (ref. no. 3 LiQ 1/16(EP) has issued a compulsory license to Merck for the antiretroviral HIV/AIDS product Isentress®. The compulsory license has been issued in preliminary proceedings and allows the use of the German part of EP 1 422 218 owned by Shionogi Read More