ARTICLES

EU PARLIAMENT ON PATENTS FOR NGT-DERIVED PLANTS: PAWN SACRIFICE OR SACRIFICED TOTHE PAWNS?
MICHAEL A. KOCK
European Patent Attorney, Swiss Patent Attorney, Basel

On 7 February 2024, the European Parliament adopted several amendments to the EU Commission’s proposal  for a regulation on plants obtained by new genomic techniques. The amendments – if implemented – would fundamentally change the role of patents on plants in the EU. As some provisions have a retro-active effect, not only future NGT-derived plants but also currently patented plants would be affected. This article discusses the proposed amendments, the feasibility of their implementation, and their effectiveness to achieve the legislative intent. It also discusses potential next steps and implications for breeders and innovators in the EU.   Click here for pdf

PRELIMINARY INJUNCTIONS IN THE UNIFIED PATENT COURT
PAUL ENGLAND
Taylor Wessing LLP, London

Within less than a year of the UPC’s application, the Court of Appeal has issued its first decision on a  preliminary injunction, focusing largely on the assessment of obviousness. In its decision the court does not refer to the established legal approach of any other jurisdiction (such as the EPO) but instead can be seen to be developing its own methodology.

PATENT LINKAGE REFORM IN ITALY: EVERYTHING CHANGES BUT NOTHING CHANGES
MARIA GRAZIA MEDICI
Osborne Clarke Studio Legale, Italy
SAMANTHA BULLEN
Pinsent Masons LLP, London
SARAH TAYLOR
Pinsent Masons LLP, London

Despite the European Commission having maintained that patent linkage is unlawful under EU law, the practice still continues in some Member States. This article considers the reforms to patent linkage in Italy, which is one of the countries with the lowest degree of generic medicine penetration and price reduction following  patent expiry. It concludes that the reforms could be further refined in order to promote competition and enable patients to access lower-cost pharmaceuticals.

LIFE SCIENCES: WHAT TO EXPECT IN 2024
ADAM GOLDEN,  HARRIET HANKS,  EMMA FRANCKGWINNELL ET AL.
Freshfields

In 2023 the life sciences and healthcare sectors faced unprecedented challenges, as a result of global uncertainties, including regulatory scrutiny, pricing pressures and interest rate rises. There is, however, room for cautious optimism for a more favourable outlook in 2024 despite these ongoing challenges.

CASE COMMENT

EXPERT EVIDENCE: THE DIFFERENCE BETWEEN WINNING AND LOSING
GORDON HARRIS AND AILSA CARTER
Gowling WLG, London

Several judgments in patent disputes have identified defects in expert evidence given to the court. This  comment demonstrates how judicial criticism of expert evidence has shifted to the instructing lawyers and  the authors commend the guidance of Arnold J in MedImmune v Novartis as to how lawyers might best assist experts with their reports.