Contact: Rainer Herzig; Preslmayr Rechtsanwälte (Austria)


Article 13(1) of the EU Supplementary Protection Certificate (SPC) Regulation (469/2009)(1) provides that an SPC will take effect at the end of the lawful term of a basic patent for a period equal to that which elapsed between the date on which the basic patent application was lodged and the date of the first authorisation to place the product on the market, reduced by five years. Article 13 neither clearly indicates whether the rule for calculating the period of exclusivity conferred by an SPC is governed by the procedural law of the member state concerned or solely by the provision nor whether the period counts from the date of adoption or the date of notification of the marketing authorisation. Although there is only a small timespan between these two dates, the economic impact of this difference is substantial.

Read more: ECJ rules on date of first authorisation

By: Dr Teresa Schafer and Tim Clark
Piper Alderman, NSW, Australia

Partners Dr Teresa Schafer and Tim Clark look at the latest developments in this area of the patentability of genes and genetic material and explore some of the legal issues which still need to be resolved.

Read more: The Public Debate About the Patentability of Biological Material: Is It Much Ado About Nothing?

Rowedder Zimmerman Hass will host the second TAGLaw IP/IT Specialty Group meeting on September 16-18, 2011 in Mannheim, Germany. The conference will focus on the project to implement a unitary patent

Read more: Intellectual Property Specialty Group Meeting September 16-18, 2011

Following is a summary report of the IP/IT Specialty Group and the Life Sciences Specialty Group joint session on May 11, 2010, at TAGLaw's international conference in Amsterdam, submitted by Mark Thomas of Williams Mullen.

Read more: IP/IT Specialty Group and the Life Sciences Specialty Group Conference Session Summary

Life Sciences Specialty Group Report

The TAGLaw Life Sciences Specialty Group is comprised of lawyers in TAGLaw firms around the world who have special expertise in one or more of the life sciences industries: pharmaceuticals, biotechnologicals, medical devices, nutritionals, and personal care.

TAGLaw member firms provide a variety of legal services relating to the research, product discovery, product development, manufacture, distribution, marketing and sale of products locally and across national borders. Our TAGLaw members have extensive legal and technical expertise in intellectual property law prosecution and litigation, as well as expertise relating to clinical development, licensing/ collaborations, government and regulatory matters, manufacturing, pricing, regulation of marketing and sale of products, and government affairs. The Group includes members with competition/antitrust expertise and firms with extensive finance and M&A experience to help life sciences companies fund operations and growth, and achieve corporate objectives. Members of the Group also offer related expertise in corporate organization/business structures, corporate compliance, dispute settlement, taxation, personnel/labor and related matters.

The Life Sciences Specialty Group has cooperated with the Intellectual Property and Information Technology Specialty Group for excellent programming at the last three TAGLaw international meetings. Those topics were:

• The TAGLaw Approach to Seeking Emergency Relief for IP Infringement Around the Globe
• Cross Border IP Deals: A case study of common provisions and pitfalls encountered when licensing complex, high-value intellectual property rights on an international basis
• Advising Licensors of Intellectual Property in Difficult Economic Times

TAGLaw firms that provide services to the life sciences industries are invited to submit firm profiles for the TAGLaw–Life Sciences webpage and to add individual lawyers to the member list.