09 July 2018
Patent and Pharma Update, July 2018
Key recent developments in the United Kingdom and Europe relating to patents and the pharmaceutical sector English courts begin to consider the new Doctrine of Equivalents as applied by the Supreme Court in Actavis v Lilly , and continue to accept jurisdiction in complex, cross-border patent...
27 March 2018
UK GOVERNMENT AGREES ELEMENTS OF THE EUROPEAN COMMISSION’S PROPOSALS FOR POST-BREXIT PROTECTION OF EU-WIDE IP RIGHTS IN THE UK
In the latest draft of the Withdrawal Agreement (19 March 2018) the UK Government and European Commission negotiators appear to have agreed text providing for the replacement of EU-wide IP rights having effect in the UK with equivalent UK rights at the end of the transition period post-Brexit (...
24 April 2017
First High Court judgment on FRAND royalties
UK Court takes tough stance on party unwilling to take Worldwide licence on FRAND terms. The UK High Court has handed down its first decision determining FRAND royalties, and has provided clear guidance as to the rights and obligations of parties to licensing negotiations and litigation relating to...
23 March 2017
UPC Preparatory Committee holds final meeting signalling readiness for the UPC's Provisional Application Phase and Germany passes bills necessary to ratify the UPC Agreement
The UPC Preparatory Committee held its final meeting on 15 March at which it agreed a collection of legal, HR and financial documents and confirmed that the Provisional Application Phase could commence once the final Signatory States had acceded to the Protocol on Provisional Application. The...
05 January 2017
Brexit – what IP issues to consider now
We set out our thoughts and predictions upon how protection and enforcement of IP in the UK may be impacted once Brexit arrives. We have also suggested some immediate action points for consideration in the weeks or months to come, prior to Brexit, to ensure that your business is best protected...
06 May 2016
Productivity Commissions Draft Report on IP Implications for the Pharmaceutical Industry
The Productivity Commission ( Commission ) has released its draft report into Intellectual Property Arrangements and made several draft recommendations with the potential to significantly impact IP rights holders in the pharmaceutical industry.
21 January 2016
How high has the bar been raised? The Australian Patent Office issues its first opposition decision on a post ‘Raising the Bar’ patent application
In the first opposition decision of the Australian Patent Office to apply the post-‘Raising the Bar’ disclosure and support requirements, the hearing officer applied principles derived from UK and European case law to find that the opposed application did not meet the new requirements.
08 December 2015
Commonwealth a step closer to compensation for delayed PBS price drops
The Full Federal Court has held that the Therapeutic Goods Act 1989 (Cth) ( TG Act ) does not limit the Commonwealth’s ability to seek compensation for losses arising from the operation of an interlocutory injunction restraining the launch of a generic drug. 1
09 October 2015
High Court of Australia determines isolated BRCA1 gene not patentable in Australia
The High Court of Australia has unanimously overturned previous decisions from lower courts and has held that certain claims to Myriad's patent for isolated BRCA1 nucleic acid molecules are not patentable in Australia.
16 January 2023
Corporate Governance snapshot: Preparing your annual report and AGM notice in 2023
This snapshot summarises the key developments and issues arising over the last 12 months which impact the 2022 annual report and the AGM in 2023. For further information or to obtain a copy of our briefing on preparing your annual report and AGM notice in 2023, please email one of the Corporate...
20 December 2022
WHISTLEBLOWING: THE GERMAN PARLIAMENT PASSES THE WHISTLEBLOWER PROTECTION ACT
Whistleblowers will be able to draw attention to violations of laws and regulations in companies and public authorities more easily and without fear of reprisals. This is the aim of a draft law by the federal government (20/3442), which the German Parliament passed on 16 December 2022 in a version...
20 December 2022
DEFRA ISSUES ENVIRONMENTAL TARGETS
On 16 December 2022, DEFRA issued its consultation response setting out the final form of the environmental targets required by section 1 of the Environment Act 2021. The targets were due to be adopted on 31st October 2022 but delayed to allow time to deal with a large volume of responses to...
20 December 2022
UK environmental law in 2023 – What to expect
It's now over a year since the Environment Act 2021 received Royal Assent. What progress has been made, and what should we be on the watch for in 2023? Our Real Estate Development Yule Blog takes a look at three areas of interest: mandatory biodiversity net gain ; environmental deadlines ; and the...