NIPC Law

  Jane Lambert Court of Appeal (Lords Justices Lewison, Moylan and Birss)  Newron Pharmaceuticals SPA v The Comptroller General of Patents, Trade Marks and Designs [2024] EWCA Civ 128 (15 Feb 2024) This was an appeal against the decision of Mr Recorder Campbell KC to uphold  Dr L Cullen's refusal to grant a  supplementary protection certificate ("SPC")  to Newron Pharmaceuticals SpA ("Newron") for the reasons set out in his judgment in  Newron Pharmaceuticals SpA v Comptroller-General of Patents, Trade Marks and Designs  [2023] EWHC 1471 (Ch).  I discussed the proceedings before Dr Cullen and Mr Campbell in  Supplementary Protection Certificates - Newron Pharmaceuticals SpA v Comptroll e r  on 1 July 2023.    What is an SPC?  In that article, I quoted from my reference page on   Supplementary Protection Certificates  which I wrote on 31 Dec 2019 and updated on 11 Jan 2021 "A supplementary protection certifi...

Jane Lambert   Patents Court (Michael Tappin KC)  Merck Serono SA v Comptroller-General of Patents, Designs and Trade Marks [2023] EWHC 3240 (Ch) (19 Dec 2023) This was an appeal by Merck Serono SA ("Merck") against Mary Taylor's refusal to grant a supplementary protection certificate ("SPC") in respect of cladribine  (see  Merck Serono S.A. v Comptroller   26 May 2023 BL O/0484/23)). The appeal came on before Mr Michael Tappin KC sitting as a deputy judge of the High Court on 12 Dec 2023.  By his judgment in  Merck Serono SA v Comptroller-General of Patents, Designs and Trade Marks [2023] EWHC 3240 (Ch) (19 Dec 2023, the learned deputy judge dismissed Merck's appeal. Supplementary Protection Certificates In Supplementary Protection Certificates    I wrote: "A supplementary protection certificate ..... is an intellectual property right ("IPR") that protects the active ingredients in pharmaceutical or plant protection products. The ri...

Court of Justice of the European Union Autho r Cedric Puisney Licence CC NY 2.0   Wikipedia Jane Lambert Patents Court (Mr Justice Arnold)  Eli Lilly And Company v Genentech, Inc  No. 2 [2019] EWHC 388 (Pat) (1 March 2019)   One of the issues before Mr Justice Arnold when he tried Eli Lilly and Company and others v Genentech, Inc [2019] EWHC 387 (Pat) (1 March 2019) was whether Genentech was entitled to a supplemental protection certificate ("SPC"). A guidance note from the IPO published on 16 May 2014 and last updated on 27 June 2019 describes an SPC as a "form of IP that extends the protection of patented active ingredients present in pharmaceutical or plant protection products." The policy behind SPCs is as follows: "Pharmaceutical or plant protection products need regulatory approval to be sold in the UK and must obtain: a marketing authorisation or product licence If your patent protects the active ingredients used in t...