CJEU clarifies “First” Marketing Authorization in SPC Applications
A Supplementary Protection Certificate (SPC) is an intellectual property right that serves as an extension to a patent right. It extends patent protection for medicinal products which must undergo testing and clinical trials before being authorised to be placed on the EU market. SPCs can last for up to five years, depending on the time […]
GDPR and Administrative Fines | Important clarifications from the CJEU
On 5 December 2023, the Court of Justice of the European Union handed down two important judgments1 which clarify the conditions for imposing an administrative fine on a data-controller for a breach of the General Data Protection Regulation (Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection […]
GDPR and Right to Compensation | Important clarifications from the CJEU
In December 2023 and January 2024, the Court of Justice of the European Union handed down several judgments1 that provide important clarifications regarding the right to compensation for non-material damage suffered as a result of a breach of the GDPR, enshrined in Article 82 of the General Data Protection Regulation (Regulation 2016/679 of the European […]
CJEU allows strict liability when enforcing provisional measures for IP infringement
In a judgment of 11 January 2024 in Mylan v Gilead (C-473/22), the Court of Justice of the European Union (CJEU) has accepted that a party enforcing a provisional measure can be held liable to compensate the defendant for any damages and costs caused by the enforcement, when the intellectual property right on the basis […]