Facts
Sanofi is the owner of European Patent 2.346.552 (EP 552), which does not claim a pharmaceutical invention, but an injectable drug delivery device for the administration of drugs, such as a syringe or a pen, with certain technical features.
Mylan holds a marketing authorisation for a biosimilar insulin glargine medicinal product (Semglee) in the form of a pre-filled pen with an injectable solution.
In July 2019 Sanofi filed an infringement action against Mylan, together with an
ex parte preliminary injunction request seeking an order from the court prohibiting the launch of Semglee. The case was assigned to Barcelona Commercial Court Number 1, which refused to grant any preliminary injunction
An armed robbery at a warehouse provided the basis for an unfortunate – but legally interesting – recent case in the Amsterdam Court of Appeal. The case raised the question of whether the carrier could be held liable for the loss of the goods and, if so, whether it could invoke the limitations of liability applicable to carriers. In this regard, the court also examined whether storage formed an independent part of the contract or whether it was absorbed into carriage.
The Special Judicial Police are:
directly investigating mass distributors and frequent sellers of counterfeit products;
reinforcing investigative manpower; and
Improved damage relief for consumers
In cooperation with trademark holders, the results of a counterfeit product evaluation are shared with consumers to enable unsuspecting purchasers of counterfeit products to receive refunds and request compensation.
A damages compensation system has been established, under which online open market platforms compensate for damage resulting from the purchase of counterfeit products first and then claim indemnity from the individual seller.
System improvements and increased public-private cooperation
It is proposed that trademark law be revised to make sales intermediaries.(1) such as online platforms, responsible for preventing trademark infringement in order to halt the distribution of counterfeit products.
On 1 January 2021 Ordinance 404 came into force, establishing Phase II of the Patent Prosecution Highway (PPH) Programme in Brazil. Phase II was published by the Brazilian Patent and Trademark Office (BRPTO) in the last week of 2020 and modifies the limits and requirements for requesting participation in the PPH Programme, which are detailed below. With this new phase of the PPH Programme, the previous Resolution 252 (establishing Phase I) has been revoked.
PPH Programme
The PPH Programme allows the examination of a patent application to be expedited in Brazil whenever a corresponding patent has been granted in one of the countries participating in the programme, upon the applicant s request.
The Financial Institutions Act came into force on 1 January 2020. It is crucial that the top management bodies of independent and external investment managers which manage the portfolios of individuals recognise whether a licensing obligation exists and whether appropriate measures must be initiated, as they are responsible for compliance with and the implementation of licensing obligations.