Intellectual Property Update - November 2016

In this issue we examine a wide range of 'hot' IP topics including the copyright implications of hyperlinking and the shape of copyright in the digital market, the controversial question of second medical use and the tricky question of how competition law impacts on patent settlement agreements. A recurring theme is, of course, what the impact of Brexit will be: uncertainties remain, but at the same time both government and companies are planning for the future. We consider the emerging IP issues.

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Tom Lingard , Charlotte Tillett
  1. Court of Appeal clarifies what constitutes infringement of a second medical use claim

    Second medical use patents protect new medical uses for existing medicines – an example might be the use of a known medicine (e.g. aspirin) for a new therapeutic use (e.g. heart failure). But what if a company manufactures aspirin ostensibly for... Read more
  2. General Court upholds Commission's Lundbeck pay-for-delay decision

    On 8 September 2016, the General Court upheld a decision of the European Commission (“Commission”) adopted in June 2013, finding that ‘pay-for-delay’ agreements entered into by the pharmaceutical company Lundbeck, and four generic... Read more
  3. IP and Brexit - preparations for the post-Brexit legal landscape are under way

    On 3 November 2016 the English High Court ruled that the UK Government must seek Parliamentary approval before triggering the Brexit negotiations. An appeal to the Supreme Court is expected in early December. However, the High Court ruling at least raises... Read more
  4. General Data Protection Regulation (GDPR) - what next for the games industry?

    Like it or not, the GDPR is coming. From 25 May 2018, the current data protection regime will be replaced by the GDPR, and businesses of all types now have a little under two years to prepare for the changes. The underlying legal message is clear –... Read more
  5. European Commission proposes 'modernisation' of copyright law for the digital age

    Copyright reforms proposed by the European Commission in September as part of its digital single market initiative signalled the Commission’s resolve to press on with its gradual harmonisation of copyright rules across Europe. The proposals have been... Read more
  6. CJEU backs hyperlinks to unauthorised copyright, subject to conditions

    Europe’s highest court, the Court of Justice of the European Union (CJEU), has ruled that the posting of a hyperlink on a website to works protected by copyright and published without the author’s consent does not automatically constitute a... Read more
  7. Life Sciences: clearing the path for a Humira biosimilar

    The English courts generally expect companies wishing to launch a generic or biosimilar product to ‘clear the path’ first to avoid infringement of the originator’s patents. Companies clearing the path can face delays, however, where the... Read more
  8. Gotta trademark 'em all: Making the transition from game to film

    Tom Collins, IP Lawyer, talks developers through the options when it comes to protecting their IP. The release of The Angry Birds Movie demonstrates the increasing diversification of games platforms and the willingness of Hollywood to take a gamble on... Read more
  9. S&B IP team National Leaders outside London

    Our IP team is widely considered as one of the leading national IP practices outside of London and has once again been ranked 'National Leaders outside London' by Chambers UK 2017. The directory comments that "They are very pragmatic and strive for the best possible solution for the client" and "They are hugely responsive, pragmatic and commercial in advice".

     

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