IP Cases & Articles

Daiichi Sankyo and DEMO - EU has last say on TRIPS

Carrie Swann, of IP Pro Life Sciences reports this decision, with commentary from D Young & Co Partner Garreth Duncan:

EU has last say on TRIPS

Commenting on the decision, partner Garreth Duncan of D Young & Co LLP said that the CJEU's ruling on the scope of Daiichi's pre-TRIPS patent was "probably not a surprise" and went on to say:

More important could be the CJEU’s observations that the EU, rather than its Member States, have sole competence for the TRIPS agreement

Duncan also noted that:

the CJEU may currently give opinions only in the biotech patenting and SPC arenas, as these are governed by specific EU legislation, but this ruling could potentially be used as legal basis for appeals from national courts to the CJEU on patent matters more generally.
It may have particular significance in areas such as software patenting where there are differences between national law and the EPC (which both have exclusions from patenting computer programs as such) and the provisions of TRIPS, which contain no such exclusion."

Read the full article here: IP Pro Life Sciences: EU Has Last Say on Trips

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