In May 2022, the European Commission published a proposal to establish a European Health Data Space (“EHDS”). The Commission’s EHDS proposal aims to improve access by individuals to their health data (primary use) and facilitate the re-use of health data for societal good across the European Union (secondary use). The European Commission’s aim is to adopt the EHDS by the end of its current mandate (October 31, 2024). The European Commission expressed its hope that the provisions of the regulation will enter into force across all EU member states in 2025. Businesses operating in the health and pharma sectors should therefore carefully consider how the EHDS might affect them.
Christoph Crützen is a partner in the Düsseldorf office of Mayer Brown’s Intellectual Property practice. He advises on intellectual property rights, advertising and competition law and has extensive experience in trademark, patent and unfair competition law proceedings.
He focuses his practice on patent and technology related matters in contentious and non-contentious intellectual property matters. He regularly represents clients before German national courts and European institutions.
On 2 April 2020, the Court of Justice of the European Union (the “CJEU”) delivered its judgment in Coty Germany v Amazon (Case C‑567/18), in which the CJEU considered whether Amazon was liable for trade mark infringement for storing goods that infringed EU trade marks. …
Continue Reading The Court of Justice of the European Union Provides Some Clarification on Third Party Liability of Marketplaces in Trade Mark Infringement Disputes
On 27 February 2020, the UK government unofficially announced that the UK will not participate in the Unitary Patent and Unified Patent Court system. The decision was confirmed by a spokesperson for the prime minister, who stated that “Participating in a court that applies EU law and bound by the CJEU is inconsistent with…
On 4 June 2019, the German Federal Court of Justice upheld a ruling by the German Federal Patent Court in which the latter court denied an application for a compulsory license under a patent related to the treatment of cholesterol-related disorders (Case X ZB 2/19). This decision is in line with previous German jurisprudence that has, with a few exceptions, been restrictive to grant compulsory licenses.
Continue Reading German Federal Court of Justice Denies Compulsory License on Anti-Cholesterol Drug Patent
The UK ratified the Unified Patent Court Agreement (“UPCA”) on 26 April 2018. The UPCA will introduce the Unified Patent Court which will establish a single scheme for patent litigation across contracting Member States.…
In preparation of Brexit, the European Commission published its Draft Withdrawal Agreement on 28 February 2018, which sets out the arrangements for the withdrawal of the United Kingdom (UK) and Northern Ireland from the European Union (EU). Title IV of the Withdrawal Agreement is in Articles 50 to 57 suggesting a framework for continued protection of intellectual property in the United Kingdom after Brexit.
Continue Reading BREXIT – Commission consistent with IP industry demands