Intellectual property

Dutch Minister to explore possibility of compulsory licenses and pharmacy preparations

Anna-Maria Withagen

The Dutch Minister of Medical Care, Bruno Bruins, announced that he is going to explore the possibility of granting compulsory licenses in order to make pharmaceutical companies lower the prices of certain medicines they offer. During a debate, Bruins said that, although the instrument has not been used in the previous years, this does not Read More

EU Competitiveness Council to review Current Status of the Unitary Patent and Unified Patent Court

Laëtitia Bénard

The Council of the European Union has published a note, from the Presidency to the Council, entitled “Unitary Patent and Unified Patent Court – Information from the Presidency on the state of play”. The note relates to the upcoming meeting of the Competitiveness Council on 30 November, and explains as follows: “The Presidency will give Read More

From Takeda to Teva v Merck: are we treading the right path on Combination Product SPCs (Part 2 of 2)?

Steven Baldwin

In two earlier papers, including Part 1 of this series, we discussed the diminution of SPC term since SPCs were introduced in 1993, how the understanding of the definition of “product” in art. 1(b) of Regulation (EC) No 469/2009 (the SPC Regulation) has developed over time and how various courts within Europe have dealt with Read More

Dutch Supreme Court ends second medical confusion…for now

Frits Gerritzen

Today, the Dutch Supreme Court held that both direct and indirect infringement of Swiss-type claims is possible, in a case between MSD and Teva. A summary of the main points of the decision can be found below. Keep watching this space for a more detailed analysis. The Dutch version of the decision can be found Read More

European Commission opens public consultation on SPCs and patent research exemptions

Laëtitia Bénard

On 12 October 2017 the European Commission opened a public consultation on supplementary protection certificates (SPCs) and patent research exemptions. All citizens and organisations, wherever based, are welcome to contribute by completing an on line questionnaire. The consultation closes on 4 January 2018. The Commission is particularly interested in assessing the impact on growth, jobs Read More