Normally, doing something that breaks the law earns you a punishment, including a fine, community service, or even imprisonment. However, when Apotex Inc., a large generic pharmaceutical company, began producing and selling a drug that Servier Laboratories Limited, another large pharmaceutical company, had patented, Apotex was awarded $17.5 million.

Posted in Canada, Cross Border Issues, European Union, Infringement, IP, Jurisdiction, Patents, Pharmaceutical Drugs, UK
Comments: 0

A recent dispute before an Austrian court has demonstrated a quirky conflict between EU and domestic law with regards to the granting of statutory exploitation rights in cinematographic works.

Posted in Contracts, Copyright, European Union, Movies, Ownership
Comments: 0

The Canadian government and European Union (EU) are currently negotiating a Comprehensive Economic and Trade Agreement (CETA).  A key issue has been ensuring that Canadian intellectual property rights for pharmaceutical products are brought in line with EU standards.  It appears that the EU believes Canada’s legal regime regulating the approval of drugs does not provide [...]

Posted in Access to Medicines, European Union, Feature Post, IP, Patents, Pharmaceutical Drugs
Comments 2

Advocate-General of the European Court of Justice (ECJ), Yves Bot’s opinion at the end of last year, on SAS Institute Inc. v. World Programming Ltd., was based on the High Court of England and Wales’ preliminary judgment for the same case. Issued on 29 November 2011, Adv.-Gen. Bot focused on specific provisions of Directives 91/250/EEC [...]

Posted in Copyright, European Union, Licensees, Originality, Ownership, UK
Comments: 0