Intellectual property

China’s life sciences industry remains opportune despite Covid-19 coronavirus

David Shen

  While the novel Covid-19 coronavirus is at the top of the agenda for businesses around the world, and for good reason, it is creating challenges for medical and healthcare systems and signalling fundamental change across the life sciences industry. Activity in China’s life sciences market remains high as one of the few sectors to Read More

Evalve v Edwards – Review of competing public interests in grant of final injunctions

Marjan Noor

The issue of whether public interest considerations can be relied upon against the grant of a final injunction, or for a carve out in the injunction, is a very live one in disputes in relation to innovative medical devices and pharmaceuticals. In this decision, Edwards argued that, although its PASCAL product used to treat mitral Read More

CJEU confirms that trade mark owners need not amend broad specifications

David Stone

Today, the Court of Justice of the EU (CJEU) in Sky v SkyKick (C-371/18) has declined to follow the Advocate General and held that trade mark specifications that cover broad terms such as “computer software” cannot be invalidated on the basis that they are imprecise or contrary to public policy. In addition, a trade mark Read More

EU Advocate General suggests pay-for-delay settlement agreements may be an abuse of dominant position

Charles Tuffreau

In an opinion issued on 22 January 2020 in the case Generics (UK) Ltd e.a. vs. Competition and Markets Authority (C 307/18), Advocate General Kokott proposes that the Court of Justice of the European Union (CJEU) should find that “an agreement in settlement of a dispute between the holder of a pharmaceutical patent and a Read More

CJEU: cannabis trade mark is contrary to public policy

Beverley Potts

An application for the above trade mark covering food and beverage items has been rejected by the EU General Court. The court confirmed the EUIPO’s previous decision that the mark is contrary to public policy for the following reasons: The sign contains a stylised depiction of the cannabis plant, which is the media symbol for Read More