Current Law Journal Content
Washington & Lee Law School
Current Law Journal Content
an index to legal periodicals
Bio-Science Law Review
Volume 11, Issue 3, 2010
SETTLING FOR LESS? 'REVERSE PAYMENT' PATENT SETTLEMENT ΑGRΕΕΜΕΝΤS UNDER US AND EU COMPETITION LAW
BERNADINE ADKINS AND SAM BEIGHTON
A fascinating tension between intellectual property law and competition law arises in the context of settlement agreements involving a payment from an originator company to a generic competitor (so-called 'reverse payment' settlement agreements). Within the US, there is growing political pressure to prohibit such settlement agreements, while in the EU, the European Commission has made clear its intention to continue to scrutinise these agreements under EU competition law. However, the legality of reverse payments' settlements in the US and the EU remains the subject of keen debate - should competition law prevent IPR owners from exercising their "right" to settle their commercial disputes, and if so, when?
INTELLECTUAL PROPΕRTY ASPΕCTS OF GM AGRICULTURE (PART I)
The two parts of this article examine best practices to deal with any legal liability arising from the development, cultivation and use of GM crops by governments, the agricultural research and development organisations, plant breeders, farmers, and exporters. The heads of liability considered include tort, contract, trade practices and fair trade laws, Intellectual property laws, and biosafety laws.
CORPORATE TAX REFORM, PATENT BOX REGIME, RESEARCH AND DEVELOPMENT CREDITS AND CONTROLLED FOREIGN COMPANIES: INTERIM IMPROVEMENTS
The long anticipated document entitled "Corporate Tax Reform" was published by the UK Government on 29 November 2010. The document outlines the intended changes to the corporate tax system in the UK over the next five years to deliver a more competitive and stable tax system. This article considers the proposals in the document which include: the introduction of an optional Patent Box regime providing for a 10% tax rate for profits arising from patents on or after: April 2013 where the patents are first commercialised after 29 November 2010; the UK Government's views on R&D credits including its request for comments in relation to the suggestions mode in the Dyson Review published in March 2010; interim improvements to the controlled foreign company ("CFC") regime to be included in Finance Bill 2011 which are intended to provide for further exemptions from the CFC rules in respect of foreign to foreign activities which involve little risk of erosion Of the UK tax base or where IP rich CFCs have a minimal UK connection; an outline of full reform to the CFC regime from 2012, focusing on CFCs holding monetary assets or intellectual property. In essence, the rules retain the entity based regime but are aimed at profits artificially diverted from the UK; and the introduction of a foreign branch profits exemption.
EDWARDS AND KCI MAKE ENTITLEMENT TO PRIORITY TOP PRIORITY
HSU MIN CHUNG
In two recent decisions, Edwards Lifesciences AG v Cook Biotech inc. and KCI Licensing inc. v Smith & Nephew plc, the UK High Court examined the entitlement of the applicants to their claims to priority. The cases highlight the importance of ensuring that the right to claim priority is assigned prior to filing. As Cook discovered to its cost, a failure to do so cannot be remedied by an assignment executed after the filing date of the patent.
UNITED KINGDOM - Patents - Transferring from the Patents County Court to the High Court - ALK-Abelid Ltd EUROPEAN UNION - Patents - The EU Patent and the European and EU Patents Court - What Does 2011 Hold? C/EU Pharmaceuticals - AG Opinion MSD Sharp & Dohme V Merckle Case C-316/ο9 WTO - Licensing - Compulsory Licences Article 3ιbis TRIPs.