Intellectual Property & Health | News To Know

Überblick


Patent and trademark issues effecting pharmaceutical laboratories, biotechs, food supplements and dietary products professionals, cosmetics companies and medical devices manufacturers is continually evolving across France and the EU. We are regularly monitoring key cases and news, to provide insights as to how this impacts business within your sector.

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Highlights in this Issue

DRAFT LAW – FIGHT AGAINST COUNTERFEITING – INTERNET – CUSTOMS POWERS

On June 15, 2021, a bill to modernize the fight against counterfeiting (No. 4246) was tabled in the French National Assembly. Some of the provisions, in particular its Articles 11 and 15, aim to more effectively combat counterfeit medicines. READ MORE

APPLICATION FOR INTERIM MEASURES – COUNTERCLAIM FOR PATENT INVALIDITY – INVENTIVE STEP – PLAUSIBILITY OF THE INVENTION
TJ Paris [Judicial Court of Paris], May 12, 2021, Sanofi v. Teva (No. RG 21/53136)
The Court found the defendant’s arguments to be sufficiently serious to call into question the apparent validity of the asserted patent and to reject plaintiff’s request for interim measures. READ MORE

PLUS:
APPLICATION FOR INTERIM MEASURES – DISTRIBUTOR’S STANDING TO SUE – LACK OF INVENTIVE STEP – LIKELIHOOD OF INFRINGEMENT
CA Paris [Paris Court of Appeal], June 15, 2021, Allergan v. Mylan (N°RG 20/12617)
READ MORE

DRUG TRADEMARK – DAMAGE TO REPUTATION – INVALIDITY AND PROHIBITION BY HEALTH AUTHORITIES
Cass. com. [Commercial Court of the Court of Cassation], May 27, 2021, Boehringer (formerly Merial) v. Virbac and Alfamed (Appeal No. F 19-17.676)

The Court overturned the appellate decision in part and ruled that the admissibility of an action for cancellation of a drug trademark is not conditional on the prior prohibition of the trademark by the health authorities. READ MORE

PLUS:

VALIDITY OF THE TRADEMARK – LACK OF DISTINCTIVE CHARACTER – LATIN TERMS – DESCRIPTIVE CHARACTER
Cass. com. [Commercial Court of the Court of Cassation], June 23, 2021, Compagnie Générale de Diététique (CGD) v. Clavis (Appeal n°W 18-20.170)
READ MORE

VALIDITY OF THE TRADEMARK – BAD FAITH REGISTRATION – COLOR SHADE OR SHAPE OF PRODUCT IN COLOR – PATENT EXPIRATION
CA Paris [Paris Court of Appeal], June 25, 2021, Ceramtec GmbH v. CoorsTek Bioceramics LLC (No. RG 18/15306)
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REVOCATION PROCEEDINGS – PROOF OF GENUINE USE OF THE TRADEMARK – BUNDLE OF ELEMENTS – PROBATIVE VALUE
European General Court, July 7, 2021, Case: T205/20, Ms X v. Minerva GmbH and EUIPO
READ MORE