Intellectual property

The definition of “product” in the SPC Regulation: (Part 1 of 2) What’s in a name?

Nicola Dagg

Anyone familiar with supplementary protection certificate (SPC) law will know the importance of the definition of “product” for SPC purposes. “Product” is defined within art.1(b) of Regulation (EC) No 469/2009 (the SPC Regulation) and plays a central role in the interpretation of that Regulation, in particular as regards the conditions for obtaining an SPC set Read More

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

EU sets out its position in Brexit negotiations on Intellectual Property Rights (including geographical indications)

Erin Currie

On 7 September 2017, the EU released a number of Brexit negotiation position papers, including one regarding Intellectual property rights which is of significant importance to the IP intensive Life Sciences industry.  The paper sets out the position of the EU27 on existing Intellectual Property (“IP”) rights and the exhaustion of those rights at the withdrawal date.  Read More

Human Germline Genome Editing – Genetics bodies weigh in on debate with position paper

Daniel Lim

In an article published in American Journal of Human Genetics on 3 August 2017, an international group of 11 organisations with genetics expertise has issued a joint position statement, setting out 3 key positions on the question of human germline genome editing: At this time, given the nature and number of unanswered scientific, ethical, and Read More

EPO reverses its position on the patentability of products obtained by essentially biological processes

Asma Bendjaballah

On 29 June 2017, the EPO amended Rules 27-b) and 28(2) of the European Patent Convention (EPC) with respect to patentable biotechnological inventions and their exceptions. The EPO thus follows the earlier opinion of the European Commission (EC) expressed in Notice 2016/C 411/03 regarding the patentability of plants or animals obtained by essentially biological processes, Read More