 Subjects -> PATENTS, TRADEMARKS AND COPYRIGHTS (Total: 28 journals)
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- ‘Designating’ the future of geographical indications
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Pages: 693 - 694
PubDate: Tue, 21 May 2024 00:00:00 GMT
DOI: 10.1093/jiplp/jpae048
Issue No: Vol. 19, No. 9 (2024)
- SPC manufacturing and stockpiling waiver—part 1
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Pages: 695 - 704
Abstract: AbstractThis two-part article analyzes and discusses the legal requirements of, as well as the opportunities and risks associated with the SPC Manufacturing and Stockpiling Waiver as introduced by EU Regulation 2019/933. The introduction of the SPC Manufacturing/Stockpiling Waiver on July 1, 2019 opened up opportunities for generics and biosimilars companies established in the EU to manufacture and stockpile medicinal products before expiry of the respective SPC, either for export to third countries or for timely Day-1 market entry in the EU. But unlike, for example, the bolar exemption, application of the SPC Waiver is dependent upon compliance with specific notification, due diligence and labeling obligations. Although introduced more than four years ago, there is still considerable legal uncertainty surrounding the application of the SPC Waiver, something recent court decisions in Germany and The Netherlands have exacerbated rather than clarified. In this first part, the policy background of the Regulation is explained and the territorial and temporal scope of the SPC Waiver is examined. In the second part of the article, to be published in the next edition of the Journal of Intellectual Property Law and Practice Vol.(…) Issue (…) I will take a close look at the material scope and core components of the waiver, particularly as it relates to privileged acts and the conditions under which the waiver is applicable
PubDate: Fri, 14 Jun 2024 00:00:00 GMT
DOI: 10.1093/jiplp/jpae052
Issue No: Vol. 19, No. 9 (2024)
- Can you patent the sun' Towards a sui generis inclusive right to manage
the relationship between intellectual property and Commons-
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Pages: 705 - 716
Abstract: AbstractThis paper, by adopting the Covid-19 vaccine as a case study, argues that some pharmaceutical drugs should be considered as Commons, ie goods that are managed and owned by the public at large, and not as private property—exclusivity—of pharmaceutical companies. The reasons of such a strong argument are, on the one side, the conspicuous public-funding contribution to develop Covid-19 vaccines and other essential life-saving treatments, and, on the other side, the search for a human and equity-oriented Global Health Security.It is true that, from a legal perspective, vaccines can be patented, leading to questionable practices in the pharmaceutical industry, such as patent thickets. However, an alternative and fairer path, which would result in the theorization of a Commons for the vaccine, can be pursued. In particular, the actual types of Commons in the IP law field—the public domain, exceptions/limitations to patents and open innovation instruments such as IP pledges—present some issues in relation to enforceability. By forwarding the concept of ‘negative spaces’ to the patent realm, these spaces should not only claim to not enforce IP but also be able to ‘enforce that non-enforcement’.Therefore, this paper, by building on the work of the author Dusollier, advances the idea that from the inclusivity, which is the typical feature of every Commons, a sui generis inclusive right can be envisaged and applied in the context of the vaccine, by rethinking the relationship between IP and Commons.
PubDate: Tue, 30 Apr 2024 00:00:00 GMT
DOI: 10.1093/jiplp/jpae044
Issue No: Vol. 19, No. 9 (2024)
- Intellectual property norms in the polycrisis—(still) omnipresent,
distracting, irrelevant'-
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Pages: 717 - 724
Abstract: AbstractTwenty years since Professor Cornish asked whether IP is ‘omnipresent, distracting, irrelevant'’, this article revisits that question following recent times of instability, which have compounded the polycrisis the world is facing, whilst the 2030 deadline to achieve the UN Sustainable Development Goals looms closer and closer.This contribution argues that IP plays a critical role as one of multiple regulatory systems seeking solutions in the highly dynamic and insecure contexts of the climate emergency, uneven global development and pandemics, requiring timely and comprehensive normative development. However, over the last two decades there has been a glacial pace towards setting appropriate IP norms and states, policymakers and legislatures have to move beyond merely settling for a ‘more of the same’ approach.The ongoing World Health Organization’s Pandemic Accord negotiations present an opportunity to confirm IP’s relevance to combatting the polycrisis by setting effective norms and a technology transfer mechanism. It is concluded that missing this opportunity would render debates about IP no more than a deadly distraction.
PubDate: Sat, 15 Jun 2024 00:00:00 GMT
DOI: 10.1093/jiplp/jpae054
Issue No: Vol. 19, No. 9 (2024)
- The devil is in the divisional: an analysis of divisional patents,
deadlines, declarations and suggestions for future practice-
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Pages: 725 - 733
Abstract: AbstractThis article argues that divisional patent applications and litigation are strategically employed in the pharmaceutical sector to delay generic and biosimilar market entry. These practices are given a legitimate basis in the European Patent Convention and the Patents Act 1977, but recent UK case law shows that their misuse results in deliberate obfuscation of existing safeguards.Nonetheless, patent law should not be passive. The reintroduction of the divisional filing time limit coupled with shorter compliance periods would offer practical administrative steps for shortening the time frame within which divisionals can be filed. Moreover, further clarity surrounding the implementation of the double patenting prohibition would reduce the number of substantially similar divisional patents that are successfully obtained.This article also discusses Arrow declarations at length, before concluding with a brief analysis of the suitability of the abuse of process doctrine for dealing with divisional misuse.
PubDate: Sat, 15 Jun 2024 00:00:00 GMT
DOI: 10.1093/jiplp/jpae046
Issue No: Vol. 19, No. 9 (2024)
- The anti-suit injunctions in patent litigation in China: what role for
judicial self-restraint'-
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Pages: 734 - 742
Abstract: AbstractStarting from 2020, the Chinese courts have actively participated in the jurisdictional battles for the standard essential patent (SEP) disputes, a pivotal development marked by the Supreme People’s Court’s inaugural SEP-related anti-suit injunction (ASI) in Huawei v Conversant. Subsequently, lower courts in China have emulated this approach by issuing ASIs targeting SEPs in the domain of information and communication technology.The present study highlights the features of the Chinese ‘act preservation measures’ by comparing them with the typical ASIs originally developed in the common law jurisdictions. This comparison reveals significant divergence in the factors considered by Chinese courts issuing ASIs, particularly in the context of cross-border patent litigation. The study aims at elucidating potential defenses that the respondents in SEP litigation may employ to contest the issuance of ASIs in Chinese judicial proceedings, with particular attention accorded to the principles of comity and public interest.The article concludes that the invocation of international comity and public interest in SEP litigation will encounter a formalistic assessment by the Chinese judiciary due to potential conflicts with statutory provisions and the lack of a more context-specific analysis. As a result, in the absence of supra-national mechanisms that would address the problem of parallel litigation, there appears to be little room for judicial self-restraint.
PubDate: Fri, 24 May 2024 00:00:00 GMT
DOI: 10.1093/jiplp/jpae049
Issue No: Vol. 19, No. 9 (2024)
- Still standing: important reflections on the global IP framework in times
of crisis-
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Pages: 743 - 743
Abstract: Intellectual Property Rights in Times of Crisis, SchovsboJens (ed), Edward Elgar, 2024. ISBN: 978 1 03532 356 2. Hardback, pp. 250. Price: $105.00.
PubDate: Sat, 13 Jul 2024 00:00:00 GMT
DOI: 10.1093/jiplp/jpae058
Issue No: Vol. 19, No. 9 (2024)
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Hybrid journal (It can contain Open Access articles)
