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Wanhuida Intellectual Property | China | 27 Sep 2021

Assessment of novelty and inventiveness for pharmaceutical preparation invention

In practice, an invention of a pharmaceutical preparation is generally considered to be less creative than an invention of a compound. This usually puts the patentee of a pharmaceutical preparation invention in a disadvantageous position when defending the validity of its patent. This article discusses a request for invalidation of a patent that covered the transdermal administration of an......
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ENSafrica | South Africa | 22 Sep 2021

Legislating 4IR for healthcare in South Africa

The "fourth industrial revolution" (4IR) refers to the complex ecosystem encompassing artificial intelligence (AI), among other things. In the healthcare context, there have been and will continue to be extensive gains and opportunities to solve existing challenges with the use of the technologies encompassed within the 4IR and AI. However, care will need to be taken to limit the possible......
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Pinsent Masons | United Kingdom | 20 Sep 2021

Court of Appeal provides new guidance on patent sufficiency

Following the leading Supreme Court judgment in Regeneron v Kymab, and the subsequent clarification by Lord Justice Birss in the decision of Illumina v MGI, the Court of Appeal has continued the recent trend of refining the principles of sufficiency in UK patent law. In its recent decision in FibroGen v Akebia (with the leading judgment also given by Lord Justice Birss), the Court of Appeal......
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K&S Partners | India | 15 Sep 2021

Untapped potential of CRISPR in India: IP perspective

Clustered regularly interspaced short palindromic repeats (CRISPR) is one of the most talked-about technologies of the decade, with applications in sectors including healthcare, agriculture and energy. However, developments around intellectual property on CRISPR are yet to gather momentum in India. CRISPR holds the potential to foster a stronger culture of research and innovation in India to......
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Grau & Angulo | Spain | 13 Sep 2021

Barcelona patent court dismisses PI request in relation to sorafenib generics

Barcelona Commercial Court 1 recently dismissed a preliminary injunction request filed by Bayer against four companies in relation to the commercialisation of generic medicinal products of sorafenib tosylate. Before assessing the specifics of the case at stake, the decision highlighted some key procedural issues regarding the possibility of arguing invalidity of the asserted patent in PI......
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Preslmayr Attorneys at Law | Austria | 8 Sep 2021

Strict advertising rules for (foreign) dentists

The Chamber of Austrian Dentists and Dental Specialists is active in protecting the interests of its members and fending off the intrusion of foreign practitioners. In October 2020 it sought an interim injunction to prevent a German limited liability company from advertising medical products, quoting prices for private dental services in public announcements or having such prices quoted, and......
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Sanchez DeVanny Eseverri SC | Mexico | 8 Sep 2021

Medical device import requirements

During the covid-19 pandemic, various provisions regarding the import and marketing of medical-related equipment were either issued or amended. After more than a year of emergency provisions and exceptions being issued by the Mexican health authorities, it appears that there is finally a greater degree of legal certainty as to the general requirements for importing or marketing medical......
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Pinsent Masons | United Kingdom | 8 Sep 2021

Freeport tax sites – opportunity for life sciences businesses to explore?

Boosting innovation is a key focus for the UK government and is at the centre of its post-Brexit and post-covid-19 recovery strategy. Freeports are intended to support the United Kingdom's innovation drive. This article considers how the life sciences sector may benefit from the freeport tax package.
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Montaury Pimenta, Machado & Vieira de Mello | Brazil | 6 Sep 2021

Life sciences patents in Brazil: hot topics

Over the past five years, the Brazilian Patent and Trademark Office has adopted various measures to reduce the backlog in patent examinations and implemented several improvements in its examination guidelines to enable high-quality technical examinations to be performed. In addition, the covid-19 pandemic has led to other sensitive discussions regarding the Brazilian patent system and its......
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Özdağıstanli Ekici Attorney Partnership | Turkey | 3 Sep 2021

Personal data protection in context of employment and vaccination

Law 6698 on the Protection of Personal Data applies to natural persons whose personal data is processed and natural persons or legal entities that process such data – wholly or partially and by automated or non-automated means – provided that they form part of a data filing system. This article evaluates the processing activities carried out by employers as data controllers in the context of......
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