Schweiz

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Aktuelle eAlerts

  •  
    13/11/2024
    Europe

    CMS Data Protection Update, November 2024

    I. The latest from the data protection authorities and current topics1. EDPB: Coordinated Action in 2025In October 2024, the European Data Protection Board (EDPB) announced the topic for the next Coordinated Action of Data Protection Authorities. In 2025, the focus will be on the implementation of the right to erasure pursuant to Art. 17 General Data Protection Regulation (GDPR) by data controllers, also known as the "right to be forgotten". The aim of the action is to analyse and compare the processes put in place by data controllers, identify the main problems in complying with this...
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  •  
    13/11/2024
    Europe

    AI in healthcare inventions - uncertainty relating to processing medical data

    European Patent Office (EPO) Board of Appeal decision T 1741/22 has cast doubt on the circumstances of when a mathematical method may be considered to contribute to technical character in the processing of medical data. Of particular note, this decision deviates from both an earlier decision (T 2681/16) and EPO Guidelines G-II, 3.3 (citing particular examples in the EPO Guidelines as “erroneous”), raising concerning questions as to how inventions relating to the processing of medical data, or indeed data more generally, might fare at the EPO.  BackgroundIn the healthcare field,...
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  •  
    08/11/2024
    International

    COP16 – some breakthroughs made, but key issues left unresolved

    2 November 2024 marked the conclusion of the 16th meeting of the conference of the parties to the Convention on Biological Diversity (the “Convention”) in Cali, Columbia (“COP16”). Over 23,000 representatives from governments, civil society and businesses attended COP16 - a record number for a biodiversity conference – which is a testament to the increasing importance being attributed to mitigating the risks associated with biodiversity loss. Much was expected of COP16, but despite some positive breakthroughs on using genetic resources and representation of indigenous...
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  •  
    07/11/2024
    Europe

    A clinical trial protocol as a pointer to the claimed crystalline form of a compound (T 1152/21)

    In recent decision T 1152/21, the Board of Appeal finds that a phase I and phase II clinical trial protocol provided a pointer to the claimed crystalline form of a compound, despite the lack of any trial results.BackgroundClaim 1 of the main request was directed to a crystalline polymorph Form A of the free base of palbociclib with particular characteristics, including a particular BET Nitrogen measured specific surface area and volume mean diameter characterized by a D[4,3] value.“According to the patent (paragraph [0004]), using palbociclib as a potent and selective CDK4/CDK6 inhibitor...
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  •  
    31/10/2024
    Europe

    October 2024 Highlights: Key UK and EU Operational Resilience Updates

    As the landscape of operational resilience continues to evolve, this past month has been particularly eventful, marked by significant developments in both the UK and EU. With the impending deadline for compliance with the Digital Operational Resilience Act (DORA) on January 17, 2025, institutions are racing to meet stringent requirements designed to enhance their resilience to digital threats. In the UK, the anticipation builds as regulators are due to publish the finalised Critical Third Parties Regime Rules by the end of 2024, which will further shape the operational resilience framework. Additionally,...
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  •  
    25/10/2024
    International

    No fruit from the poisonous tree – The Bavarian Highest Regional Court declines recognition of a cost award rendered in an intra-EU investor-state arbitration

    In a recent decision (order of 13 September 2024 – 11 Sch 146/23), the Bavarian Highest Regional Court (BayOblG) ruled on the recognition of an arbitral award on costs that had been rendered in an arbitration conducted pursuant to the UNCITRAL Arbitration Rules and administered by the Permanent Court of Arbitration in The Hague. The proceedings had been initiated by German investors against the Czech Republic under the Energy Charter Treaty and the bilateral investment treaty between the Czech and Slovak Federal Republic and Germany. The arbitral tribunal had assumed jurisdiction but dismissed...
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