Life Sciences

Recent Articles

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  29.09.2023

  International

  EP Case Law in Brief: Erroneous Disclosures

  “Mistakes in a document do not in themselves constitute prior art such as to prevent the grant of a patent.”So begins section I.C. 4.9 of the Case Law of the Boards of Appeal. This statement, and the accompanying case law, provides for the possibility of a ‘get out of jail free card’ for novelty objections in certain circumstances.An invention is "considered to be new if it does not form part of the state of the art". The "state of the art" is defined as "everything made available to the public by means of a written or oral description, by use, or in any other way, before...

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  21.09.2023

  United Kingdom

  CMA launches review into veterinary services market

  On 7 September 2023, the Competition and Markets Authority (CMA) announced that it has launched a review into the veterinary services market for household pets in the UK (i.e. small animals such as dogs and cats). The CMA intends to explore how well the market is working for pet owners who are paying for veterinary services, including whether they are receiving the necessary information to obtain appropriate treatment for their pets. The CMA is carrying out this review pursuant to its general information-gathering powers in section 5 of the Enterprise Act 2002.Almost two-thirds of households in...

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  12.09.2023

  United Kingdom

  UK Re-joins Horizon Europe

  On 7 September, the UK re-joined the world’s largest research collaboration programme, Horizon Europe. The decision has been welcomed by academics and life sciences businesses within the UK and the EU with hopes it will foster greater cross border collaboration between researchers after the UK’s three-year hiatus, enabling UK scientists to re-join the international research networks that they had built up over decades. From this date UK researchers are once again able to apply for grants from a pot of over € 95bn (£81 bn) and bid to take part in projects with certainty...

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  01.09.2023

  Hungary

  Summary on the employment of guest workers in Hungary

  On 1 November 2023, Act L of 2023 on the Employment of Guest Workers in Hungary will enter into force, introducing a new type of residence permit (i.e. the guest worker residence permit). The government and ministerial decrees for the detailed rules of the Act have not yet been published, but the following is a summary of what is known about the legislation.Who can apply for a guest worker residence permit?Citizens of countries that are not neighbours of Hungary and located outside the European Economic Area. (These countries will be listed in the relevant ministerial decree). The permit can be...

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  25.08.2023

  England and Wales

  Enforcing licence option rights: is it worth it?

  The recent decision in Exelogen Inc v. University of Birmingham highlights the challenges of enforcing option agreements for intellectual property rights and the difficulties of proving loss of profit-earning opportunities. The court dismissed Exelogen's claim for damages against the University, despite the University admitting breaching the option agreement.An option agreement is a contract that gives the right, but not the obligation, to enter into a further contract, usually within a specified time and on specified terms. In this case, the University granted Exelogen an exclusive...

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  17.08.2023

  United Kingdom

  All that glitters is not gold: cosmetics and pharmaceuticals: Lessons from the ROSEGOLD Paris v. ROSEGOLD Trademark Opposition

  ROSEGOLD (THAILAND) COMPANY LIMITED (the “Applicant”) sought a UK registration for in Class 3 (cosmetics) and Class 5 (pharmaceuticals) (the “Application”). Kyrian LEGHBALI (the “Opponent”) opposed relying on likelihood of confusion and their earlier mark  registered in Class 3.  For the large part the goods were found similar and the opposition was partially upheld.This decision highlights the importance of both cosmetic and pharmaceutical brand owners carrying out pre-clearance which covers both...

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