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22 September 2021
UPC: Jurisdiction and "opt-out"
Once the Unified Patent Court (UPC) comes into effect, and after the transitional period of 7 years (at least), the court system will have exclusive jurisdiction over UPs and all EPs designated to participating EU Member States (unless these EPs have been opted out of its jurisdiction). The UPC...
17 September 2021
The Unified patent court and unitary patent – Introduction
A new patent right and patent enforcement system is coming for patent protection in the Europe which the new court's Preparatory Committee states is likely to start mid-2022. There are two main elements: A Unified Patent Court ( UPC ) which will have jurisdiction over all European patents (current...
24 June 2021
FEDERAL COURT OVERTURNS ‘ABSURD’ PATENT OFFICE RULING ON PATENT TERM EXTENSIONS FOR PHARMACEUTICAL SUBSTANCES
The Federal Court has rejected the Australian Patent Office’s historical approach to patent term extension ( PTE ) applications, upholding a challenge brought by two major pharmaceutical companies against an earlier decision of Australia’s Commissioner of Patents.
26 May 2021
Australian Consumer Law marks 10 years with some large penalties
The Australian Consumer Law marked its tenth anniversary on 1 January 2021. Some belated presents were recently delivered in the form of the confirmation of, and the handing down of, Australia’s two largest ever penalties for contraventions of the Competition and Consumer Act 2010 (Cth) ( CCA ).
13 April 2021
Pharmaceutical patent term extensions: federal court hears challenge to “absurd” Australian patent office ruling
Two major pharmaceutical companies have challenged Australia’s Commissioner of Patents in the Federal Court about the time limits within which an application can be made to extend a patent term.
08 February 2021
Healthcare as an Infrastructure asset
The search for yield is driving infrastructure investors to expand beyond typical core infrastructure assets into core+ or ‘infra-like’ assets. As part of this, infrastructure funds are increasingly looking at capital-heavy healthcare assets like hospitals and diagnostic imaging. Healthcare assets...
28 January 2021
THE IMPACT OF THE NEW ITALIAN FOREIGN INVESTMENTS RULES ON THE PHARMA SECTOR
Differently from certain sectors (such as energy, telecommunications and transportation) that have always been included in the scope of application of the Italian regime for foreign direct investments (“ FDI ”), the powers of the Italian Government on FDI in the pharmaceutical sector have only...
11 December 2020
The UPC and the UP: Impact on patent portfolios and licensing
Our article on the impact of the UP and the UPC on the management of patent applications, patent portfolios in general and licensing: " The New Unitary Patent Regime – Prepare and Protect your Portfolio " published in PLC Magazine is available as a pdf from this link and also on Practical Law .
11 December 2020
How to get a Unitary Patent
Enhanced cooperation under Regulation 1257/2012 of 17 December 2012 implementing enhanced cooperation in the area of unitary patent protection was used to establish the unitary patent (UP). Also termed the European patent with unitary effect, the UP will be a single patent right covering all the...
11 December 2020
Where will a UP have effect?
26 EU Member States participated in the enhanced cooperation procedure to establish the unitary patent (including the UK which has now withdrawn). However unless these states have also ratified the Unified Patent Court Agreement (UPCA) then the unitary patent (UP) will not be effective in their...
11 December 2020
UPC Structure – local, regional and central divisions
The UPC will have a Court of First Instance (divided into local, regional and central divisions) and a Court of Appeal (Luxembourg). Cases will commence in any one of these divisions according to the subject matter and the prescribed division set out in the UPC Agreement and the UPC Rules .
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12 January 2022
Corporate Governance snapshot: Preparing your annual report and AGM notice in 2022
This snapshot summarises the key developments and issues arising in practice over the last 12 months which impact the 2021 annual report and the AGM in 2022. For further information or to obtain a copy of our full briefing on preparing your annual report and AGM notice in 2022, please email one of...
11 January 2022
Corporate Governance snapshot: Reporting in structured electronic format
The UK Transparency Rules require listed companies to produce their annual report and accounts in structured electronic format in respect of financial years beginning on or after 1 January 2021. The new rules require listed companies publish their annual report and accounts in XHTML web browser...
10 January 2022
PODCAST: THE NEW NATIONAL SECURITY & INVESTMENT ACT – WHAT DO PUBLIC M&A PRACTITIONERS NEED TO KNOW?
In the latest episode in our public M&A podcast series, we discuss the National Security & Investment Act – the new regime which gives the UK government powers to screen and block acquisitions and investments on national security grounds – and the impact for public M&A practitioners.
05 January 2022
Merricks v Mastercard: the litigation risks for the financial services sector
Herbert Smith Freehills LLP have published an article in Butterworths Journal of International Banking and Financial Law on the repercussions of the recent decisions in the Merricks v Mastercard litigation for the wider litigation landscape, particularly for the financial services sector.
24 December 2021
The Growing Importance of Social Loans for Project Finance
The last five years has seen a global boom in sustainable financing, primarily driven by green loans and bonds, and sustainability linked loans (SLLs). Growth in this area has been linked to a desire to align financing transactions with a broader imperative to improve the environmental impact of...
23 December 2021
Is it game over for computer-implemented inventions in Australia?
The Full Court of the Federal Court of Australia has provided some clarity on assessing whether computer-implemented inventions constitute patentable subject matter, finding that Aristocrat’s patent claims to electronic gaming machines with particular gaming features were not a “manner of...
22 December 2021
Activism Rising – The Role of Shareholders in Shaping ESG Strategy
While environmental, social and governance (ESG) activism has long been a feature of many markets globally, 2021 has signalled the increased willingness of large institutional investors to take or support activist action against corporate boards where they perceive companies’ progress on ESG issues...