In its decision of 28 January 2016, the Danish Maritime and Commercial Court rendered judgement in a matter between Minkpapir A/S and Jasopels A/S. The main question was whether the conditions for granting an interim injunction pursuant to chapter 40 of the Danish Administration of Justice Act were met and in this regard whether Jasopels’…

According to article 66 of the Spanish Patents Act, in case of moral damages the patent owner will be entitled to compensation even if the existence of an economic damage has not been proven. In addition, according to article 68 “the holder of a patent may also claim for indemnification for damage resulting from the…

By Jill (Yijun) Ge and Benjamin Bai We discussed when an IP owner might become an IP abuser previously (http://kluwerpatentblog.com/2016/03/08/crossing-the-rubicon-when-does-ip-owner-become-ip-abuser/). For standard essential patent (“SEP”) holders, one lingering question is whether they can still seek and enforce injunctions. Some take the view that the act of seeking injunctive relief is inherently inconsistent with an SEP…

On 1st April 2016 the National Human Right Commission (NHRC) called on the Indian government to submit reports on the allegations that the Indian government had given private assurances to the US that India would adopt a stringent approach when granting compulsory licences over patented drugs. While the Ministry of Commerce & Industry in a…

Okay, this result, which was recently reached by TBA 3.3.04 in decision T 394/11 (in German language), may perhaps not come as a big surprise to you, since we all learnt in school that acetic acid is a classic example of an organic acid as opposed to an inorganic acid. Yet it raises two interesting…

by Andrew Bowler Friday 1st April was the final day of the Fordham conference. This short report summarises one of the more interesting patent-focused sessions which dealt with second medical use issues. Brian Cordery from Bristows set the scene. He briefly referred to some of the recent European decisions on Swiss-type claims, particularly the pregabalin…