IP Cases & Articles
Article 3(d) of the SPC regulation: CJEU referral questions meaning of “first authorisation”
The German Federal Patent Court has referred to the Court of Justice of the European Union (CJEU) a question on the interpretation of Article 3(d) of the SPC Regulation, asking whether a marketing authorisation in respect of a veterinary medicinal…
Don’t jump the gun: preliminary injunction granted in 17 UPC states against generic pharmaceutical company
In a recent order, the UPC Court of Appeal granted Boehringer Ingelheim provisional measures against generics company, Zentiva, for its anti-fibrotic drug, nintedanib.
SPCs post-Brexit: UK Court of Appeal sticks with the CJEU in Merck decision
The UK Court of Appeal has recently handed down its decision in the much awaited Merck Serono v Comptroller-General of Patents case [2025] EWCA Civ 45. In its decision, the Court of Appeal outlined that it was bound by its…
SPCs in Europe: what’s round the corner?
The European Union is planning sweeping changes to supplementary protection certificates (SPCs), the most significant reform to the SPC system since it was introduced in the early 1990s. SPCs extend the term of patents for medicines and plant protection products…
SPC eligibility for combination products: clarification at last?
The Court of Justice of the European Union (CJEU) has issued its long-awaited judgment on how Articles 3(a) and 3(c) of the EU Supplementary Protection Certificate (SPC) Regulation are to be interpreted in the joined cases C-119/22 and C-149/22.
Windsor incoming: all change to UK SPCs for human medicines
The provisions of the Windsor Framework regarding Northern Ireland, agreed in 2023 between the UK and EU, entered into force on 01 January 2025. Although the Windsor Framework does not contain any direct provisions regarding IP rights, its effect on…
Withdrawn marketing authorisations and SPCs: CJEU provides clarification
In a recent decision, the Court of Justice of the European Union (CJEU) determined that Article 3(d) of the SPC (supplementary protection certificate) Regulation is to be interpreted as meaning that the first marketing authorisation (MA) for a medicinal product…
Newron can't play fast and loose: UK Patents Court restricts combination SPCs
In a recent decision, the UK Patents Court considered the issue of whether supplementary protection certificates (SPCs) could be granted for a product which is a combination of two active ingredients (A+B), based on a basic patent claiming the combination…
UPC: English has been designated as an official language for all local and regional divisions
On day two of the Unified Patent Court (UPC), Italy, following France and Germany, has designated English as an official language for the local division, which is located in Milan.
Unified Patent Court: the beginning of a new era
Thursday 01 June 2023 marks the beginning of a new era for the European patent system: after decades of working towards simplifying patent litigation in Europe, the Agreement on a Unified Patent Court (UPCA) has entered into force, and the…
Supplementary protection certificates: can Windsor resolve a knotty problem?
The agreement in principle of the Windsor Framework between the UK and EU regarding Northern Ireland, and its approval by the UK Parliament, brings to an end one of the most contentious parts of the Brexit saga.
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