Bio-Science Law Review - Volume 15 - Issue 3
THE EU REGULATORY FRAMEWORK FOR COMPLIANCE WITH RULES ON ACCESS AND BENEFIT-SHARING OF GENETIC RESOURCES
PHILIPPE DE JONG ALTHIUS, Brussels
DOMINIC MUYLDERMANS Legal advisor to i.a. ABS-int and CropLife International
In this article the authors set out both the background to and the development of the Nagoya Protocol and examine how this is being incorporated into European law by regulation. The authors highlight a number of practical issues that will be faced by the plant sector in ensuring that their agreements are in compliance.
INJUNCTIONS IN PHARMACEUTICAL PATENT CASES: THE APPROACH OF THE ENGLISH CO AND THE LIKELY IMPACT OF THE UPC
DAVID ROSE AND NINA O'SULLIVAN Mishcon de Reya LLP, London
One of the key ‘selling points’ of the Unified Patent Court and Unitary Patent regime is the ability obtain pan-EU relief in a single action (albeit also with the risk of pan-EU revocation). This article analyses the likely approach to the award of both provisional and final injunctions in pharmaceutical cases under the Unified Patent Court Agreement and UPC Rules of Procedure, and also discusses the current approach adopted by the English courts to the award of injunctive relief in pharmaceutical cases.
REGENERON PHARMACEUTICALS v KYMAB & NOVO NORDISK
BRIAN WHITEHEAD AND STUART JACKSON Kempner & Partners
In this complex judgment, Carr J invalidated the disputed claims of two of Regeneron’s parents relating to transgenic mice used for researching therapeutic antibodies. Three particular issues are discussed here: patent construction, insufficiency, and the English courts’ practice in circulating draft judgments to the parties prior to publication.
DECLARATORY RELIEF IN THE ENGLISH PATENTS COURT
PAUL ENGLAND AND ANDREW PAYNE Taylor Wessing, London
The Fujifilm case is the latest in a small, but significant, number of English Patents Court cases in which the court has ordered declaratory relief or indicated that it could do so. This comment examines the nature of declaratory relief, particularly negative declaratory relief, and the scope of its application in the English Patents Court