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Prior national rights

Prior national rights

Pursuant to Art. 93 of the 1973 Convention on the Grant of European Patents (hereinafter: EPC), the European patent application is published after the expiry of a period of 18 months from the date of filing or, if priority has been claimed, from the date of priority (or at the request of the applicant, before the expiry of that period). However, it may occur that during this 18-month period...
Launch-at-risk of generics not that risky anymore: when the intellectual property court will refuse to grant security to the holder of a patent for an original drug

Launch-at-risk of generics not that risky anymore: when the intellectual property court will refuse to grant security to the holder of a patent for an original drug

The decision of June 4, 2024 of the Intellectual Property Division of the Regional Court in Warsaw handed in the case regarding rivoraxaban (reference no. XXII GWo 225/24), should be of interest to all producers of generics considering the so-called launch-at-risk.     The launch-at-risk refers to a situation in which a generic product is introduced to the market while...
The ban on patenting of NGT plants?

The ban on patenting of NGT plants?

On February 7, 2024 the European Parliament voted on the first reading in favor of the proposal for a regulation on plants obtained by certain new genomic techniques (NGT) and their food and feed. This method involves breeding plants by introducing specific changes to the DNA; in many cases it does not require the use of foreign genetic material from species that cannot interbreed naturally....
Data exclusivity

Data exclusivity

Despite the title of our series (“Patents without secrets”), this entry is dedicated to market monopoly, which concerns a specific group of products, and its source is pharmaceutical law rather than industrial property law. Data exclusivity is a special institution that provides additional protection to manufacturers of medicinal products. It is justified, as indicated by Prof. Du Vall...