Current Law Journal Content
Washington & Lee Law School
Current Law Journal Content
an index to legal periodicals
Bio-Science Law Review
Volume 10, Issue 5, 2009
PATENTS FOR LIFE: THE ROLE OF INTELLECTUAL PROPERTY RIGHTS ON PLANT INNOVATIONS
In today's knowledge-based society, the ability to innovate drives a nation's or an industry's economic performance and competitiveness, Patents and other forms of intellectual property (IP) protection encourage creative dynamism, technology transfer and foreign investments, which translates into better quality and a larger choice of products and services for consumers. For the research-intensive plant science industry--second only to pharmaceuticals in terms of sales reinvested into research and development (R&D)--IP is one of the cornerstones for innovation: innovations necessary to sustainably meet the food, feed, and fiber demands of the nine billion people who will be living on this planet by the middle of this century. This paper outlines the currently available options for protecting plant innovations and the challenges for these systems. it also suggests new solutions to help to address the various interests of key players--breeders and technology developers--involved in bringing better varieties to market to address global challenges. Only a consolidated effort of all stakeholders can help to move beyond the current negative perceptions of "patents on life" to a positive contribution of IP as "patents for life" to faster innovation for better food security,
IMPLICATIONS OF YOUR LICENSOR BECOMING INSOLVENT: AN ENGLISH LAW PERSPECTIVE
SANGEETA PURAN AND SARAH NAGEL
While many in the biotech and pharmaceutical sectors see outright acquisitions gaining preference with cash-strapped biotech companies, the out-licensing of development programmes remains a popular option for cash-rich rights owners confident of the value in their programmes. Nevertheless, in the context of the current climate, it is imperative that a licensee understands the implications of their licensor becoming insolvent and is aware of the practical steps that can be taken to protect its licence. This article explores the consequences for a licensee of a licensor becoming insolvent under English law. Issues considered include the possible disclaimer of a licence by a liquidator and the ability of a licensee to enforce its rights in the event of a possible disposal by a liquidator or an administrator of the intellectual property assets licensed to the licensee. The article then goes an to advise on the viability of the different ways a licensee can protect its licence and ways of mitigating risks. These options include assignment of ownership of the intellectual property in question, entering into co-ownership arrangements and taking security over the licence. The article references several legislative provisions, case law authorities and academic authority to give a broad view of the risks and options for a licensee on the insolvency of the licensor.
SPC ENTITLEMENT: ECJ RULES IN FAVOUR OF DRUG INNOVATORS IN INTERPRETING THE SPC REGULATIONS FOR MEDICINAL AND PLANT PROTECTION PRODUCTS
KLAAS BISSCHOP AND KERSTI SCHRIJVERS
In an eagerly anticipated ruling, the European Court of Justice (" ECI") finally made it clear that the European SPC Regulations for Medicinal products and Plant protection products aim to protect the interests of each holder of a different basic patent by enabling the grant of SPCs to each holder of a different basic patent. SPC applications do not need to be pending simultaneously. The article provides an overview of the relevant legal framework for SPC protection within Europe as well as giving inside in what role the underlying objectives of the European legal framework play when interpreting the law. Through reviewing the case from a national and European perspective, this article describes the ruling by the ECJ and the interest the case holds for patent life management.
GERMANY - Stem Cells - Reference to ECJ; UNITED KINGDOM - Tax - CFC proposed reforms - Impact on IP-Rich Groups; EU - Patents - Unified patent litigation system and the EU patent get the nod Biosimilars - EMEA update an draft guidelines an antibodies