Pinsent Masons

London

Pinsent Masons, awarded Law Firm of the Year by the Legal Business Awards 2019, is a full-service international law firm. With more than 1,800 lawyers globally and office locations on four continents, wherever your commercial interests take you, we have the footprint and expertise to provide support.

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Updates

Healthcare & Life Sciences

SPCs post-Brexit: where are we now?
United Kingdom | 28 April 2021

Changes to the processes for obtaining marketing authorisations for medicinal products are one of the many differences brought about as a result of the United Kingdom's departure from the European Union. However, behind the high-profile headlines is the knock-on effect that these changes will have on the regime which governs supplementary protection certificates (SPCs) in the United Kingdom. This article considers the changes to the SPC regime and the SPC manufacturing waiver in the United Kingdom.

Importance of patents in biosimilars industry
United Kingdom | 10 March 2021

Over the next few years, some of the best-known biologic medicines will lose patent protection, paving the way for biosimilar medicines to enter the UK market. This article discusses some innovative IP strategies which may be available in the United Kingdom to successfully compete and overcome barriers to market entry.

Patents court illuminates sufficiency requirements
United Kingdom | 24 February 2021

The High Court's first patent decision of 2021 has seen the first full consideration of the Supreme Court's judgment in Regeneron v Kymab. Mr Justice Birss has refined the insufficiency principles established by the Supreme Court in Regeneron, clarifying that the level of precision which businesses must provide when disclosing their inventions applies to patented processes as well as products. This decision provides clarity which will likely be welcomed by the life sciences sector.

Life sciences patent bargain front and centre in Regeneron v Kymab
United Kingdom | 22 July 2020

The recent Supreme Court decision in Regeneron v Kymab has highlighted the risk-reward dynamic that exists for pharmaceutical and biotechnology companies that seek patent protection for innovations early in the discovery process. The court found that if a claimed patent monopoly defines a whole range of products, all of the products within the 'relevant range' must be appropriately enabled by the patent specification. This decision is of great importance to the biotechnology and wider life sciences sector.

COVID-19 crisis: clinical trials and cross-border collaboration
United Kingdom | 25 March 2020

The current circumstances are unsettling for many reasons, not least because there is still no approved vaccination or treatment for the novel coronavirus (COVID-19). Reflecting the collaborative approach recently called for by the European Medicines Agency, the UK Medicines and Healthcare Products Regulatory Agency has indicated that it stands ready to support researchers, manufacturers and other regulators to develop medicinal products to fight and prevent the spread of COVID-19.

Intellectual Property

Court of Appeal sheds further light on copyright law in relation to hyperlinking
United Kingdom | 10 May 2021

A recent Court of Appeal judgment addressed the targeting of a web-based radio service and copyright infringement by an act of communication to the public under Section 20 of the Copyright, Designs and Patents Act 1988. The Court of Appeal decided not to depart from EU case law, stressing the need for consistency of interpretation between the act and the EU and wider international copyright framework.

SPCs post-Brexit: where are we now?
United Kingdom | 26 April 2021

Changes to the processes for obtaining marketing authorisations for medicinal products are one of the many differences brought about as a result of the United Kingdom's departure from the European Union. However, behind the high-profile headlines is the knock-on effect that these changes will have on the regime which governs supplementary protection certificates (SPCs) in the United Kingdom. This article considers the changes to the SPC regime and the SPC manufacturing waiver in the United Kingdom.

Online infringement: when is a platform 'targeted' at a territory?
United Kingdom | 12 April 2021

Unsurprisingly, the combination of the COVID-19 pandemic and global lockdowns has resulted in increased consumer shopping online. To capture that increased demand, retailers have invested in both their website infrastructure and marketing budgets. Consumers now have no geographical limits on where they view and purchase goods. An unintended consequence of this is that it has shone a spotlight on the tension between trademarks which are territorial and online marketplaces which are not.

Crown use: a royal defence to patent infringement?
United Kingdom | 05 April 2021

In its first patent decision of 2021, the Court of Appeal narrowed the scope of the rarely invoked Crown use defence to patent infringement. The court confirmed that Crown use should apply only to the narrowest set of circumstances and that it has no intention of increasing unforeseen liabilities for the government. Notably, this means that the Crown use defence is unlikely to be invoked during the COVID-19 pandemic.

Importance of patents in biosimilars industry
United Kingdom | 15 March 2021

Over the next few years, some of the best-known biologic medicines will lose patent protection, paving the way for biosimilar medicines to enter the UK market. This article discusses some innovative IP strategies which may be available in the United Kingdom to successfully compete and overcome barriers to market entry.

Tech, Data, Telecoms & Media

COVID-19 and sponsorship rights: rise in e-sports
International | 19 March 2021

The COVID-19 pandemic has had a fundamental impact on the market for sponsorship rights in traditional sports. However, one industry which has by its nature been primed for this moment is e-sports, which is set to grow to be worth more than $1.5 billion by 2023. As such, where unpredictable cancellations and postponements of sporting events have led to sponsors feeling frustrated, e-sports offer a new horizon of opportunities.