Articles

IMPACT OF BREXIT ON EU FUNDED RESEARCH PROJECTS WITH UK PARTICIPANTS
LOUISE FULLWOOD
Pinsent Masons, London

With less than a year to go before the United Kingdom exits the EU, there is considerable uncertainty amongst those involved in EU funded research projects as to the impact of such departure. This article tracks back through relevant events and statements made since the referendum, assesses where we are now, and what the possible options are for UK-based researchers to continue to be involved in EU funded projects

DOCTRINES OF EQUIVALENTS IN FRANCE, SPAIN, ITALY AND GERMANY: HOW DO LOCAL PATENT EXPERTS VIEW THE UK SUPREME COURT'S JUDGMENT IN ACTAVIS v ELI LILLY?
GORDON HARRIS, CARSTEN SCHULTE, CELINE BEY
Gowling WLC
CAROLINA PINA
Garrigues

The authors consider the UK Supreme Court's ruling in respect of the non-UK European patent designations in issue in the proceedings, discuss how the approach compares with local jurisprudence and practice, and explore the impact of the UK court's judgment for European patent litigation strategy

AND THEN THERE WERE NONE. GM MUSTARD AND THE CONUNDRUMS OF REGULATING BIOTECHNOLOGY IN INDIA
ADARSH RAMANUJAN
Law Chambers of Adarsh Ramanujan, New Delhi

This article attempts to critically understand and analyse the recent controversies touching the release of genetically modified (GM) mustard in India. To deal with the subject in a comprehensive manner, the article will provide a basic background to the Indian regulatory system for the approval of GM crops, including a discussion on the status of the data generated and filed with the regulators. This will be followed by a detailed discussion on issues, if any, plaguing the recent approval for GM mustard in India, including the Supreme Court of India's interventions in this space. The paper will finally touch upon and raise certain fundamental policy questions that plague this space in India.

INTERNATIONAL TRADE AND GM CROPS: A COMPARATIVE ANALYSIS OF SAFETY REGULATIONS AND THEIR INSTITUTIONAL FRAMEWORK IN SOUTH ASIAN COUNTRIES
DR S.K. BALASHANMUGAM
Tamil Nadu National Law School, India
DR M. PADMAVATI DR S.R. SUBRAMANIAN 
Rajiv Gandhi School of Intellectual Property Law, Indian Institute of Technology Kharagpur, West Bengal

This article examines the importance and scope of safety assessment with particular reference to GM crops in South Asian countries. The implementation of the Cartagena Protocol is in many cases still at an early stage and the political will to develop mechanisms to achieve its primary goals is urgently needed

Case Comments

OF (TRANSGENIC) MICE AND MEN: REGENERON PHARMACEUTICALS v KYMAB & NOVO NORDISK
BRIAN WHITEHEAD AND STUART JACKSON
Kempner & Partners, Leeds

The Court of Appeal has overturned Henry Carr J's findings of insufficiency in respect of patents relating to transgenic mice used for researching therapeutic antibodies. The first instance decisions on construction and infringement were upheld. The judgment contains a thorough analysis of the law of insufficiency (both 'classical' and 'Biogen' insufficiency), as well as useful guidance as to best practice in challenging a judge's alleged failure to deal with an issue in a draft judgment.