The CJEU opens the door for SPCs for new medical uses of known compounds *

United Kingdom - July 20 2012
Yesterday the CJEU handed down its decision in the eagerly awaited reference Neurim Pharmaceuticals v The Comptroller General of Patents concerning the possibility of obtaining an SPC based on a marketing authorisation ("MA"), where there has been an earlier MA for the same product but for a different use.

Co-authors: Sebastian Moore.

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SPC grant possible despite the existence of an earlier MA for a different medicinal product with the same active ingredient *

European Union - May 3 2012
Advocate General Trstenjak has today handed down her Opinion in Neurim Pharmaceuticals v The Comptroller-General of Patents, a reference concerning the possibility of obtaining SPC protection relying on a marketing authorisation ("MA") where an earlier MA has already been granted for the same active ingredient.

Co-authors: Sebastian Moore.

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Patentability of stem cells: the Brüstle decision *

European Union - October 19 2011
On 18 October 2011 the Court of Justice of the European Union ("CJEU") handed down a much anticipated judgment in Oliver Brüstle v Greenpeace e.V. on the patentability of inventions relating to stem cells.

Co-authors: Sebastian Moore.

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Interflora - the sweet smell of success, or a muted victory for trademark owners? *

European Union, United Kingdom - September 26 2011
In Interflora v Marks & Spencer, the Court of Justice ("CJEU") has provided some clarification on the scope of trade mark protection where a competitor uses a registered mark as a keyword.

Co-authors: Joel Smith.

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Marketing prior to Directive 65/65 authorisation precludes SPC, rules the ECJ *

European Union, United Kingdom - August 1 2011
On 28 July the ECJ handed down two rulings primarily concerning the interpretation of Article 2 of Regulation 1768/92 (the Supplementary Protection Certificate Regulation, now replaced by 469/2009/EC).

Co-authors: Jonathan Turnbull, Sebastian Moore.

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