Intellectual property

More’s the Pity – Rules on Distinctiveness

David Stone

A recent General Court decision emphasises the difficulty of registering slogans as trade marks, including for specialised medical devices. Medrobotics Corp had applied for registration of SEE MORE. REACH MORE. TREAT MORE. as an EU trade mark (Medrobotics v EUIPO T-555/18) in relation to articulated arms and probes for medical diagnostic and surgical use. Medrobotics’ Read More

UK High Court orders pre-action delivery up of samples for infringement testing and considers use in other jurisdictions

Rafi Allos

In Boehringer Ingelheim v Generics,* the English High Court ordered the rarely-used remedy of pre-action inspection of property, for the purpose of allowing experiments needed to assess patent infringement. The case provides a useful reminder of the powers of the Court in this area, as well as providing a reference as to how the Court Read More

ECJ: notification of carve-out for the patented indications in SmPC and PIL by a generic producer limits the scope of the MA

Anna-Maria Withagen

On 14 February 2019, the European Court of Justice (ECJ) published its preliminary ruling related to the policy of the Dutch Medicines Evaluation Board (College ter Beoordeling van Geneesmiddelen – CBG) concerning the limitation of a market authorisation (MA) upon a request of a generic producer for a carve-out of the patented indications in the Read More

Key developments in relation to new Chinese IP tribunal rule and Chinese patent law amendment

David Shen

Recently, there have been some key developments in the intellectual property sphere in China that may be relevant to life sciences clients.  Below we report on the new Chinese IP tribunal rule and an important Chinese patent law amendment. New Chinese IP tribunal rule The Standing Committee of the National People’s Congress previously announced the Read More

New formulations of existing active substances are not entitled to an SPC according to Advocate-General

Toby Sears

The Opinion of Advocate General Saugmandsgaard Øe in Abraxis Bioscience (Case C-443/17) was delivered on 13 December 2018.  The Advocate General concluded  that the UK Intellectual Property Office had been  correct in declining to grant a Supplementary Protection Certificate (SPC)  to Abraxis for a novel formulation of an active substance which had already been the Read More