학술논문

Interim measures in French patent disputes
Document Type
Journal Article
Source
P.W. 2009, 214, 22-24
Subject
EC law
France
Infringement
Interim injunctions
Patents
Pharmaceuticals
Revocation
Validity
Intellectual property
European Union
Health
Language
English
ISSN
0950-2513
Abstract
Comments on the decision of the Strasbourg Court of First Instance in SAS Laboratoires Negma v SAS Biogaran on whether to grant a preliminary injunction against a generic pharmaceuticals manufacturer where patent infringement was alleged and revocation proceedings had been commenced. Considers whether the allegations of infringement were plausible, or the patent was obviously invalid. Compares decisions of the French courts in Lyons and Paris and judgments from Germany and the UK under Directive 2004/48 (Intellectual Property Rights Enforcement Directive) art.9.

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