Existence: Life sciences and healthcare newsletter
08 June 2010
Welcome to the June 2010 edition of
Existence, the quarterly newsletter on Life Sciences
& Healthcare issues.
The newsletter has been put together by our Life Sciences & Healthcare Group, which is
highly specialised in IP, regulatory, corporate
and licensing issues.
In this issue of Existence following topics are
discussed:
Improved access to justice under the Lisbon Treaty
Recent changes to EU law introduced by the Lisbon Treaty mean
that it may be easier for companies legally to challenge acts of
the EU institutions.
Read more >
When is an incentive not unlawful promotion?
The European Court of Justice issued its decision in a case
between the Association of the British Pharmaceutical Industry and
the Medicines and Healthcare Products Regulatory Agency. The
question was whether the provision preventing the giving of
incentives to prescribers as part of promotional activities might
also prohibit governments from giving incentives.
Read more >
Opinions of Advocate General : impact on final judgment in EU
Case law
A case can be better understood taking into account the
independent Opinion of Advocate General. The influence of the
Opinions has been particularly strong in the development of the
administrative law of the Community.
Read more >
Rare rulings on exclusions from patentability for methods of
treatment or diagnosis
The rationale behind these exclusions is to ensure that doctors
and vets can treat their patients without fear of infringing any
patents.
Read more >
European stem cell medicinal products: the focus sharpens
How do you regulate medicines arising from an area of science
which is evolving so fast that regulatory experience is limited?
The European Medicine Agency’s Committee for Advanced Therapies
sets out the current status of discussions and invites comments on
the issues most relevant to the regulation of stem-cell based
medicinal products.
Read more >
The UK Court of Appeal and the EPO Board of Appeal reach
conflicting decisions despite co-operation between them
How can the EPO and the Court of Appeal effectively work
together to coordinate hearings so as to save court time and
parties' costs.
Read more >
Court of Appeal underlines importance of conducting experiments
carefully when claiming anticipation
In Leo Pharma A/s & another v Sandoz Limited, the issue to
consider was the validity of Leo's patent for a single chemical
entity. Sandoz sought to attack the validity on two grounds;
anticipation and obviousness.
Read more >
Further clarification of employee compensation provisions
In Shanks v Unilever PLC & Others the High Court has
provided clarification of how compensation for an employee inventor
should be calculated in cases where an assignment or licence of the
patent has been made to a connected person.
Read more >
Existence aims to report on regulatory developments in
sectors such as pharmaceuticals, medical devices, cosmetics, bio-
and nanotech, on issues related to intellectual property and on
company/sector news. We hope you enjoy reading it and we are happy
to address any comments or questions on any of the subject matters,
either through your usual contact at Field Fisher Waterhouse or
through any of the contacts listed in this newsletter.
You can also read our other publications such as our IP
newsletter, snIPpets,
the Public and
Regulatory alerter, our patents newsletter Innovate
and numerous alerts on hot topics.
For further information, please contact Jon Matthews - Editor
or Jan Grillet - Editor.