IPKat: Patents and Pharmaceuticals – a Paper given on 29th November
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Started by: zoobabzoobab
Date: 05 Dec 2008 17:33
Number of posts: 1
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Summary:
7. One thing is clear – and again this is by no means confined to the pharma sector - the need for a strong and fast Central Patents Court for Europe sticks out a mile. And in this connection it should be noted that proposals for “bifurcation” – for a court splitting the issue of validity and infringement in the current proposals will not help that speed. Under the proposal if a patentee starts a case in a regional court and the defendant raises invalidity the question of validity can be transferred to a central court. All that will take time. And the longer a patentee can keep uncertainty going even for a patent ultimately shown to be invalid, the worse.
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