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eAlerts Récentes

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  28.03.2023

  Europe

  Eu­ro­pean Par­lia­ment and Coun­cil ready to start ne­go­tia­tions on EU Data Act – Eu­rope gets clo­ser to adop­ting a data law

  In February 2022 the European Commission presented its proposal for the EU Data Act, which – if adopted - will introduce a far-reaching legal regime on access to and use of non-personal data in the EU and will, similar to the GDPR, be applicable to businesses established outside the EU. The proposed regulation contains a set of rules defining how various forms of data can be used and by whom for purposes across all economic sectors with the aim of creating a new data-agile ecosystem. While the new law will bring new opportunities, it will also create legal challenges for all actors in the...

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  24.03.2023

  International

  CMS Eu­ro­pean M&A Study 2023: Re­cord num­ber of deals last year des­pite chal­len­ging eco­no­mic ba­ck­drop

  The CMS Corporate/M&A Group is pleased to launch the 15th edition of the European M&A StudyIt has been a challenging year for M&A in view of rising inflation and interest rates, slowing growth and increased geopolitical tension, which have added up to a difficult macroeconomic environment. However, there have been plenty of deal opportunities, as demonstrated by the fact that our study covers a record 509 M&A transactions on which CMS advised in 2022. In a difficult M&A market, we are pleased with this result, which reflects the strength of our corporate offering throughout...

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  23.03.2023

  Europe

  Eu­ro­pean Pa­tent Of­fice (EPO) dig­ging its heals in over the need for des­crip­tion amend­ments, but how to do this re­mains a chal­lenge

  As a complement to the 10th edition of the EPO "Case Law of the Boards of Appeal" (CLB), the EPO has published an Annual Review containing summaries of decisions from 2022. The review provides a thematic overview of selected decisions of the boards of appeal published in 2022. There are a number of notable decisions in the summary including those concerning the controversial topic of bringing the description into line with amended claims.BackgroundIn October 2020, CMS published an article ‘New EPO Guidelines expected regarding amending a description: what’s all the fuss about?’,...

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  22.03.2023

  Europe

  Eu­ro­pean Pa­tent Of­fice (EPO) le­vel of dis­clo­sure re­qui­red for an­ti­bo­dies - first me­di­cal use

  As a complement to the 10th edition of the EPO "Case Law of the Boards of Appeal" (CLB), the EPO has published an Annual Review containing summaries of decisions from 2022. The review provides a thematic overview of selected decisions of the Boards of Appeal published in 2022. There are a number of notable decisions in the summary, although it has been a somewhat quiet year for significant decisions in the antibody area.  Most decisions in this technical area consolidate what is now fairly settled practice at the EPO for antibody cases, where inventive step continues to be a major challenge....

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  22.03.2023

  Europe

  Is a pa­tient in a cli­ni­cal trial con­si­de­red to be a mem­ber of the pu­blic in the con­text of no­velty prior art?

  In T 0670/20, the question was whether the internal structure of medicinal tablets had been made available to the public by patients taking part in clinical trials involving administration of the tablets. The Appeal Board found that the patients participating in the trial had entered into a special relationship with the investigators of the trials and were not free to dispose of the tablets. Accordingly, the patients were not members of the public for novelty purposes.However, the Board acknowledged that the patients were not under a duty of confidence with respect to their participation to the...

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  20.03.2023

  International

  UK An­nounces it will be­come a party to the Sin­ga­pore Con­ven­tion on Me­dia­tion

  It has been announced that the UK will become a party to the United Nations Convention on International Settlement Agreements Resulting from Mediation (the “Singapore Convention”), as an “important signal of [the UK’s] intentions to remain a world leader in this area and as a clear indication of the UK’s commitment to mediation”.The Singapore ConventionThe Singapore Convention was adopted by the UN in December 2018, opened for signatures in August 2019 and in force by September 2020. It currently has 55 signatories, 10 of whom have ratified. It creates a...

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