European Commission proposals for new regulation of compulsory licensing
On April 27, 2023, the European Commission published proposals for a new set of regulations aimed at establishing a more transparent and effective framework for patent rights.
Patent monopolies and the pandemic emergency: Obstacle or opportunity?
The outbreak of the Covid-19 pandemic generated extensive debate regarding equitable access to vaccines and medical treatments. In this framework, discussion of the role of patents in health care came to the fore: Are patents a resource, or are they instead an obstacle to the widespread protection of public health during a pandemic emergency?
Pay-for-delay: The Court of Justice clarifies the scope of “by object” restrictions and “potential competition” in patent settlement cases
On March 25, 2021, the Court of Justice of the European Union ruled on appeal in the Lundbeck case, confirming the previous judgement of the General Court that upheld the decision of the European Commission on pharmaceutical “pay-for-delay” agreements.
Supplementary protection certificates and Court of Justice: clarifications on the conditions for obtaining a supplementary protection certificate
On July 9, 2020, the Court of Justice (the “Court”) ruled on supplementary protection certificates (“SPCs”) in case C-673/18.
The new CJEU judgment on Regulation No. 469/2009/EC, in Royalty Pharma case C- 650/17 and the role of independent inventive activity
In the new case Royalty Pharma C-650/17 the CJEU provided further clarifications on the interpretation of Article 3(a) of Regulation No. 469/2009/EC for products covered by a functional definition but developed after the filing date of the patent as a result of an independent inventive step.
German Constitutional Court declared that Act of Approval to the Agreement on a Unified Patent Court is void