Healthcare & Life Sciences

16 June 2021

No profit from blood donations

The Supreme Court recently had to decide whether a lump-sum compensation for expenses must be considered profit. According to Section 8 of the Blood Safety Act (BSG) 1999, blood and plasm donors must not make a profit by donating blood or plasm. The law uses the terms "profit" and "compensation of expenses" only in Section 8(4) of the BSG. The concentration of these terms in one single paragraph shows a clear intent – namely, that profit is prohibited but the compensation of expenses is permitted.

Rainer Herzig Author: Rainer Herzig

Austria | Preslmayr Attorneys at Law

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'Could versus would' approach to inventive step assessment in medical device case

In a recent case concerning a patent directed to part of an ostomy bag, the High Court considered the statutory approach to assessing obviousness in patent law, confirming that, ultimately, the question to be addressed is whether the claims involve an inventive step. This decision is of interest to patentees in the life sciences sector as it brings to the fore the role of commercial attractiveness and technical limitations in whether an alleged invention may be considered to be lacking an inventive step.

Sarah Taylor Authors: Sarah Taylor | Belinda Lavin

United Kingdom | Pinsent Masons

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Belgium | ALTIUS

Review into R&D tax relief system – welcome development for life sciences sector?

Penny Simmons Author: Penny Simmons

United Kingdom | Pinsent Masons

Compulsory patent licence as defence against claim for preliminary injunction

Ludvig Holm Authors: Ludvig Holm | Måns Ullman

Sweden | Westerberg & Partners Advokatbyrå Ab

Exceptional authorisations for rapid COVID-19 tests for laypeople

Caroline von Nussbaum Authors: Caroline von Nussbaum | Fabian Huber

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