Sector: Life Sciences

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Leveraging injunctive relief in pharmaceutical patent disputes in China

Featured in The Guide to Life Sciences: Key issues for senior life sciences executives 2024

Preliminary injunctions play a pivotal role in pharma patent infringement suits, serving as a crucial procedural tool for patentees to protect their IP rights. However, these offer significant advantages, pharma companies must exercise caution due to the risks associated with wrongful preservation.

24 June 2024

Comparison of Canadian and US approaches to patentability and infringement issues

Featured in The Guide to Life Sciences: Key issues for senior life sciences executives 2024

Canada and the United States share common characteristics in their legal systems, with many overlapping rules in patent law. However, inventors, patent holders and practitioners should also be aware of three fundamental differences that may have practical implications on IP strategy: whether a prior sale of a product bars patentability, the question of how similar a product could be without infringing on a patented invention and infringement in the context of the skinny-label pathway.

24 June 2024

How to navigate the biosimilar and biologic markets amid challenging US litigation trends

Featured in The Guide to Life Sciences: Key issues for senior life sciences executives 2024

A slew of recent litigation in the biologics and biosimilars space has drastically changed the landscape of this space and made it more challenging for biopharma companies and IP professionals.

24 June 2024

South Africa: Winning strategies to keep pace with evolving pharma sector

Featured in The Guide to Life Sciences: Key issues for senior life sciences executives 2024

The South African pharmaceutical industry has grown substantially in recent years, while patent legislation has undergone significant divergence. Effective enforcement, prosecution and launch-to-market strategies require a keen understanding of the country’s IP and regulatory frameworks. 

24 June 2024

Brazil: Navigating patenting challenges in the pharmaceutical landscape

Featured in The Guide to Life Sciences: Key issues for senior life sciences executives 2024

Brazil is a strategic market for many local and foreign pharmaceutical companies due to its protective legislation with regard to access to healthcare. However, its pharma ecosystem is complex and requires a comprehensive understanding of the legal framework that governs IP protection. 

24 June 2024

A deep dive into patent law and exclusivity in the United States

Featured in The Guide to Life Sciences: Key issues for senior life sciences executives 2024

Life science legislation is nuanced and must be carefully navigated to when creating an effective patent portfolio. Having a keen understanding of regulatory provisions is key to navigating the many minefields inherent in the commercialisation of a successful product. 

24 June 2024

Why introduction of patent term extensions in China is good news for rights holders

Featured in The Guide to Life Sciences: Key issues for senior life sciences executives 2024

Even if a patent application is granted in China, it cannot be implemented until the product obtains marketing approval. To compensate for unreasonable delays that therefore occur, the country has implemented patent term extensions. The new published guidelines aim to provide greater clarity for rights holders. 

24 June 2024

How to take advantage of both EPO prosecution and German enforcement

Featured in The Guide to Life Sciences: Key issues for senior life sciences executives 2024

Europe is one of the most important markets for the life sciences and pharma industry, and Germany is one of its key jurisdictions. Patenting life science inventions in Germany can be challenging as some biological subject matter is excluded from patent protection, so careful patent drafting is crucial in order to obtain allowable claims.

24 June 2024

Australia: a toolkit for prosecution and enforcement amid patentability barriers

Featured in The Guide to Life Sciences: Key issues for senior life sciences executives 2024

Australia remains an in-demand jurisdiction for patent protection in the life sciences, as its patent system supports applicants and patentees with a legal framework that is closely harmonised with major jurisdictions – as standards for novelty and inventive step tend to follow a European approach, with key differences. 

24 June 2024

UPC grants Abbott a preliminary injunction – including for Ireland

But despite a couple of recent wins, PI applicants have a losing record at the Unified Patent Court

21 June 2024

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