Intellectual property

Edwards Lifesciences v Boston Scientific: Decision of UK Court of 24th May 2018

Marjan Noor

The issue of whether public health policy considerations can prevent the grant of a final injunction is a live one as the number of disputes in the biologics field increases. In this decision of the UK High Court of Justice, public health considerations led to the stay of the injunction and also its qualification for Read More

European Commission proposes export manufacturing waiver for SPCs

Eveline Van Keymeulen

The European Commission has published today a proposal for a Regulation amending Regulation (EC) No 469/2009 concerning the supplementary protection certificate (SPC) for medicinal products. The proposal introduces a so-called “export manufacturing waiver”, an exception to the SPC system in relation to exports to third countries (outside the EU). Due to the waiver, EU-based companies will be entitled Read More

Resisting parallel imports of trade marked goods – pre- and post-Brexit

Natasha Rao

On 17 May 2018, the CJEU confirmed that trade mark owners cannot oppose a parallel importer’s further commercialisation of a medical device in its original packaging if additional labelling added by the importer does not threaten the medical device’s guarantee of origin. By way of background, Lohmann & Rauscher International argued that by re-selling its Read More

SPCs: AG Wathelet rejects core inventive advance and scope of protection tests for Art 3(a) in favour of a disclosure-based approach

Steven Baldwin

If the CJEU adopts AG Wathelet’s opinion, it will likely be more difficult for patentees to satisfy Art 3(a) SPC Regulation. AG Wathelet expressly rejects both the core inventive advance test suggested by the referring English Court and the scope of protection test proposed by Gilead. Instead, the AG sees the wording of the claims Read More

Rise of New CRISPR Inventions: the toolbox of research applications for CRISPR-based systems continues to expand

Daniel Lim

Although much of the reporting around CRISPR tends to focus on its cleavage based ability to knock out or repair targeted sequences of DNA in a genome, some of the most exciting developments in the CRISPR field do not involve gene editing at all. Many of these advances are already being put into effect in Read More