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08 March 2012
Issue: 7504 / Categories: Case law , Law digest , In Court
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Patents

University of Queensland and another v Comptroller-General of Patents, Designs and Trade Marks [2012] EWHC 223 (Pat), [2012] All ER (D) 178 (Feb)

Article 3(a) of the European Parliament and Council Regulation 469/2009/EC should be interpreted as precluding the competent industrial property office of a member state from granting a supplementary protection certificate (SPC) relating to active ingredients which were not identified in the wording of the claims of the basic patent relied on in support of the application for such a certificate.

In the case of a basic patent relating to a process by which a product was obtained, Art 3(a) precluded a SPC being granted for a product other than that which had been identified in the wording of the claims of that patent as the product deriving from the process in question. Article 3(b) should be interpreted as meaning that, provided that the other requirements laid down in Art 3 had also been met, that provision did not preclude the competent industrial property office of a member state from granting a SPC for an active

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MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
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