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  • No obviousness where motivation to pursue obvious path is weak Accesso limitato

    Articolo

    Ultima consultazione: 21 January 2010 / Inviato: 03 July 2009

    In Generics (UK) v Daiichi the Court of Appeal held that, although a course of action was obvious, the skilled person`s motivation to pursue it to the point of making the invention was weak and accordingly the invention was not obvious. The court also said that an SPC may be granted for an enantiomer notwithstanding an earlier marketing authorisation for the racemate.

  • GlaxoSmithKline Spanish dual pricing case - an object restriction after all? Accesso limitato

    Articolo

    Ultima consultazione: 02 July 2009 / Inviato: 02 July 2009

    Advocate General Trstenjak has issued her opinion in the GlaxoSmithKline Spanish dual pricing cases.

  • Germany: Last word spoken in the DocMorris Saga Accesso limitato

    Articolo

    Ultima consultazione: 12 June 2009 / Inviato: 12 June 2009

    In its judgment of 19 May 2009 - the sixth act of the DocMorris saga - the European Court of Justice followed the opinion of Advocate General Bot and confirmed that the German Pharmacy Act is justified in restricting ownership and operation of pharmacies

  • The importance of being early Accesso limitato

    Articolo

    Ultima consultazione: 05 June 2009 / Inviato: 05 June 2009

    New case law demonstrates that the introduction, at trial, of fresh expert evidence is not a procedural irregularity if it is not challenged at the time.

  • Time barred damages claim in vitamins cartel likely to prompt earlier follow on actions Accesso limitato

    Articolo

    Ultima consultazione: 28 May 2009 / Inviato: 28 May 2009

    The Court of Appeal has dealt a blow to claimants who were seeking damages arising from the vitamins cartel.

  • The Rome II Regulation: what you need to know Accesso limitato

    Articolo

    Ultima consultazione: 19 May 2009 / Inviato: 19 May 2009

    On 21 January 2009 the Rome II Regulation (Reg 864/2007) came into force in all EU Member States with the exception of Denmark. The regulation supersedes the previous English laws regarding torts in private international law.

  • Implementation of the amended PRC technology transfer measures - technology export Accesso limitato

    Articolo

    Ultima consultazione: 11 May 2009 / Inviato: 11 May 2009

    As previously reported, the Ministry of Commerce (MOFCOM) issued a consultation draft in respect of the Measures for the Administration of Prohibited or Restricted Technology Export (the Measures) on 18 July 2008. The final Measures were recently published on 20 April 2009 and will come into force on 20 May 2009.

  • What about FDA preemption now? Accesso limitato

    Articolo

    Ultima consultazione: 07 May 2009 / Inviato: 07 May 2009

    A review of the long awaited judgment in the US case Wyeth v Levine which asks what the future holds for the liability of drug manufacturers.

  • Dutch court denies liability claim issued against British American Tobacco Accesso limitato

    Articolo

    Ultima consultazione: 07 May 2009 / Inviato: 07 May 2009

    While smoking may kill, the Dutch courts won`t award damages to those who did it anyway.

  • How China’s new patent law will affect life science companies Accesso limitato

    Articolo

    Ultima consultazione: 21 January 2010 / Inviato: 22 April 2009

    In a bid to secure more foreign investment and comply with international conventions, China introduced a new patent law in October 2009. The new law simplifies patent filing requirements for research oriented companies while bringing China into line with the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS). This article highlights key changes under the amended Patent Law and the related Implementing Regulations.

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