Norbert Walasek: articles by this author

Manufacturing waiver weakens SPCs

Regulation (EU) 2019/933 of the European Parliament and of the Council of 20 May 2019 amending Regulation (EC) No 469/2009 concerning the supplementary protection certificate for medicinal products entered into force on 1 July 2019. The regulation introduced a “manufacturing waiver” excluding certain acts by drug manufacturers in the EU from the protection awarded under supplementary protection certificates.

No supplementary protection for a new form of an active substance

In a judgment of 21 March 2019 (C-443/17) the CJEU reiterated the need for a precise and concise interpretation of the term “protected product” under Regulation (EC) 469/2009 concerning the supplementary protection certificate for medicinal products. The CJEU stressed that this term only applies to an active ingredient of a medicinal product, and not combination with other substances that do not have an independent therapeutic effect.

Patents from Zduńska Wola in Hollywood?

The cosmetics industry remains one of those industries where the role of innovation cannot be overestimated. Patent law makes it possible to monopolize innovative solutions and ensure their unimpeded exploitation.

Licence for an unlimited time in the assessment of the court

Exclusion of the possibility of terminating a licence, although debated by legal commentators, had not been ruled on by the Polish courts until recently. But now a judgment has been issued by the court of appeal inferring from the writings and behaviour of the parties that they concluded a non-exclusive licence agreement for an indefinite period without the possibility of terminating the licence.

May counterfeit and pirated goods in transit through the EU be seized and destroyed?

The European Court of Justice has clarified its holdings on the issue of transit of infringing goods through EU territory.

Unlawful to reuse trademarked containers?

The ECJ is to decide whether reuse of packaging bearing a competitor’s brand is trademark infringement.