14 December 2018
The Unified patent court and unitary patent – Introduction
26 of the 28 European Union Member States (MSs) have participated in the enhanced cooperation needed to establish a new patent right – the European Patent with Unitary Effect, otherwise known as the unitary patent ( UP ). This new right will become available as soon as the new court system - the...
11 December 2018
Patent and Pharma Update, December 2018
Key recent developments in the United Kingdom and Europe relating to patents and the pharmaceutical sector This issue reports on several ground-breaking decisions from the UK courts on second medical use patents and skinny labels, infringement by equivalents and the possibility of global FRAND...
15 November 2018
Draft Withdrawal Agreement Approved by UK Cabinet – IP and Marketing Authorisation Provisions Summarised
As has been widely reported, the Draft Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community (the Draft Withdrawal Agreement ), detailing the arrangements for the UK to leave the EU was agreed by the...
09 November 2018
ACCC to up the ante in consumer protection matters
The ACCC recently released its Annual Report for the 2017/2018 financial year. 1 As well as looking back at the ACCC’s performance over the year, for companies operating in the consumer and retail sectors, it also provides useful insights into where the ACCC is heading in the area of consumer...
09 November 2018
What’s the damage? – The Federal Court’s decision in Sigma v Wyeth
Justice Jagot’s recent decision (of more than 400 pages) in Sigma v Wyeth 1 is an Australian first. The judgment considers the damages payable pursuant to an undertaking given for the grant of an interlocutory injunction in a pharmaceutical patent case.
25 October 2018
ACCC’s challenge to Pfizer comes to the end of the road with the High Court
We have previously published an update on the Full Court decision in ACCC v Pfizer, where the Full Court dismissed an appeal by the ACCC, upholding a first instance decision that Pfizer had not misused its market power or engaged in prohibited anti-competitive exclusive dealing in its sales and...
22 October 2018
France adopts a confidentiality regime for the trade secrets relied upon in (patent) litigation
As part of the French Law on the Protection of Trade Secrets dated 31 July 2018 , French lawmakers have finally adopted a long-awaited array of confidentiality rules covering the trade secrets that are being relied upon in cases that come before civil and commercial courts. Such provision was a...
26 September 2018
Brexit “no deal” technical notices published on intellectual property and life sciences sector issues
The latest tranche of “no deal” technical notices was released yesterday afternoon by the UK Government. Amongst them are several notices that highlight the Brexit issues faced by intellectual property right owners and, in some cases, confirm the Government’s approach to resolving them. The...
17 August 2018
Compulsory Licences, Crown Use and Inventive Step – Future Changes to the Patents Act
IP Australia has recently released its Exposure Draft detailing proposed changes to the Patents Act 1990 (Cth). The proposed changes affect the rarely-used compulsory licence and crown use provisions of the Act together with the more central, inventive step provisions. It is a strange combination...
01 August 2018
Indonesia’s foreign investment regime liberalised by new OSS system
In its efforts to encourage and accelerate investment, the Indonesian government has issued a set of regulations reforming existing business licence regulations and establishing an online one-stop business licensing system known as Online Single Submission (“ OSS ”). We believe this represents a...
17 July 2018
Brexit White Paper highlights importance of Intellectual Property rights post-Brexit
Significantly, for those with interests in IP rights, the UK Government's White Paper on Brexit makes encouraging noises about future recognition and security for IP in the UK and in the UK's relationship with the EU, including support for the Unified Patent Court and the UK's role within the new...
09 July 2018
Comments on UK proposal for the future relationship with the EU
Last Friday, 6 July, it was understood that the UK Cabinet had finally united around a UK position on the desired future relationship with the EU. However, it now remains to be seen if the proposal survives the protests of “betrayal” heard from some quarters and the resignations of the Secretary of...
01 February 2019
Client Academy India
We are very proud to host our inaugural flagship event, the Client Academy India. This event, which will take place in Mumbai at the beginning of 2019, is aimed at bringing together a select group of the most senior legal advisers from major organisations across India for a full day programme...
14 January 2019
Preparing for Brexit: EEA Firms UK Temporary Permissions Regime (“TPR”)
The UK FCA and PRA propose to implement the TPR if the UK leaves the European Union on 29 March 2019 without an implementation (or transitional) period, to ensure that EEA firms currently operating under an incoming passport (either from a UK branch or on a cross-border services basis into the UK)...
10 January 2019
11 weeks to Brexit: Updated Brexit Legal Guide
Without an intervening event, the UK will withdraw from the EU at 11pm on 29 March 2019. Otherwise much remains unknown. The negotiated withdrawal deal comprising a legally binding Withdrawal Agreement and non-binding Political Declaration is facing significant opposition in the UK and will not be...
09 January 2019
The Prague Rules: a brand new approach to arbitration?
The new Rules on the Efficient Conduct of Proceedings in International Arbitration (Prague Rules) launched last month in the Czech Republic and aim to provide a more efficient framework for arbitral procedure which can be used to streamline a dispute, reducing delay and costs. Their approach is...
03 January 2019
SEC Chairman comments on Brexit, LIBOR and Cybersecurity risks
On 6 December 2018, the Chairman of the US Securities and Exchange Commission (the “ SEC ”), Jay Clayton, delivered a speech 1 in New York where he identified the United Kingdom's exit from the European Union (“ Brexit ”), the transition away from LIBOR and cybersecurity as key market risks that...
21 December 2018
Corporate Crime and Investigations: looking back at 2018 and the outlook for 2019
The conclusion of public hearings at the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry ( Royal Commission ) marks the end of a significant year in the focus on corporate conduct. We look back at key developments in 2018 and look forward to the...
21 December 2018
Corporate Crime Update, December 2018
Welcome to the December 2018 edition of our corporate crime update - our round up of developments in relation to corruption, money laundering, fraud, sanctions and related matters. This month, we would like to wish all of our regular readers a very happy, and hopefully corporate crime free, festive...