IP & Life Science News

Stay updated on the latest news on IP and life science.
Contributors are the IP and Life Science experts from Accura Law Firm.

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Open IP and Life Science News – volume 38 – April 2024:

In this edition, you may read about the 16 new initiatives implemented by the Danish Medicines Council with the purpose of enhancing the processes related to the assessment of new medicinal products, and a recent case from the European Court of Justice in which the Court clarified the rules on online retail supply of non-prescription medicinal products. Furthermore, we cover the proposed merger of the Danish Health Technology Council and RKKP into a new institute. Lastly, you may get yourself updated on the most recent greenwashing cases from the Danish Consumer Ombudsman.

Contributors to this edition are Morten Bruus, Søren Chr. Søborg Andersen, Christina Type Jardorf, Amalie Rosenbaum Petersen, Daniel Bager, Christian Jul Gjølbo, Oscar Egholt Munk and Laura Thusing.

  • New initiatives to bringdown processing times at the Danish Medicines Council
  • The CJEU clarifies the rules on online retail supply of non-prescription medicinal products
  • New Institute merges the Danish Health Technology Council and RKKP
  • Another update on the continuous challenge of greenwashing

Open IP and Life Science News – volume 37 – February 2024:

In this edition, we bring you key updates on the European Commission’s proposal for extending the transitional periods for implementing the In Vitro Diagnostic Medical Devices Regulation (IVDR). Additionally, we’ll provide you with an update on the revised EU Product Liability Directive, which aims to better address the challenges of the digital age. Furthermore, you can read about highlights from the Danish Medicines Council’s annual report for 2023.

Contributors to this edition are Morten Bruus, Søren Chr. Søborg Andersen, Christoffer Ege Andersen, Melissa Tronier Kapper, Charlotte Tenna Bitsch and Karen Rønnenfelt.

  • The European Commission proposes another extension of the transitional periods for implementation of the in vitro diagnostic medical devices regulation (IVDR)
  • A revised Product Liability Directive for the digital age
  • Highlights from the Danish Medicines Council’s annual report for 2023

Open IP and Life Science News – volume 36 – December 2023:

In this edition, you can first and foremost get updated on the recently published guidance on alternative contract models from the Danish Medicines Council. You may also treat yourself with some legal insights from a complaint to the Danish Consumer Ombudsman regarding marketing practices on social media that resulted in a public statement from the Danish Minister for Industry, Business and Financial Affairs, or a highlight of essential aspects to consider before casting employees in marketing material.
 
Contributors to this edition are  Søren Chr. Søborg Andersen, Christina Type Jardorf, Christoffer Ege Andersen, Charlotte Tenna Bitsch, Daniel Bager, Oscar Egholt Munk and Anne Buch.

  • New guidance for applications to the Danish Medicines Council based on alternative contract models
  • Eight influencers reported to the Danish Consumer Ombudsmand
  • Employees in marketing material: A legal risk
  • Flash news from the IP Prosecution team: EU design reform in progress

Open IP and Life Science News – volume 35 – November 2023:

In this issue, we take a closer look at greenwashing, focusing on the Danish Consumer Ombudsman’s yearly report, as well as the EU Commission’s proposal for a Green Claims Directive and examine how well-prepared Danish companies may already be in terms of the EU regulation to come. You may also read about the latest design registration tendencies for Danish companies, as we dive into a recent report from the Danish Patent and Trademark Office. Finally, we look at the European Commission’s proposal for a revision of the current SPC system which, among other initiatives, introduces a unitary SPC as well as a new centralised examination procedure including pre-grant opposition procedures.
 
Contributors to this edition are Søren Chr. Søborg Andersen, Christina Type Jardorf, Armin Sarvan, Charlotte Tenna Bitsch, Daniel Bager, Oscar Egholt Munk, Anne-Sophie Rommerdahl and Laura Thusing.

  • The Danish Consumer Ombudsman’s annual report shows increased focus on ”greenwashing”
  • Trends in design registration in Denmark and Europe
  • Proposal for a new SPC system in the EU

Open IP and Life Science News – volume 34 – June 2023:

In this edition you may read about the final decision from the Supreme Court in the very talked-about dispute regarding Berlingske’s publishing of a caricature and a photo of The Little Mermaid sculpture, or the latest case law on the misuse of athletes’ names and images for commercial purposes. We also cover the up-and-coming implementation of the remaining parts of the DSM directive into the Danish Copyright Act and tune into the current situation on the protection of IP rights in Russia. 

Contributors to this edition are Christina Type Jardorf, Daniel Bager, Anne Buch, Mille Marie Korsgaard Street, Anne-Sophie Rommerdahl and Christian Jul Gjølbo.

  • Final decision in the Mermaid Case: Parody principle (re)established in Danish copyright law
  • New case law on compensation for violation of name and image rights
  • A final step towards a more tech-oriented copyright regulation
  • Can IP rights stille be protected in Russia?

Open IP and Life Science News – volume 33 – April 2023:

In this edition, you can read about the EU Commission’s brand-new proposal for a reform of the pharmaceutical regulation in the EU or the Danish Supreme Court’s precedence-setting decision in the long-drawn-out case between ceramist Anne Black, Salling Group and Ronald A/S. Further, we bring an overview of the most recent updates to ENLI’s Guidance to the Promotion Code as well as the latest tendencies within AI-generated portrayals and deepfakes. And finally, but not least we want to promote our 2nd network meeting about “3D printing and MedTech in a legal context” in Aarhus on May 24.

Contributors to this edition are Morten Bruus, Christina Type Jardorf, Christoffer Ege Andersen, Melissa Tronier Kapper, Martin Dysterdich Jørgensen, Daniel Bager, Christian Jul Gjølbo and Mille Marie Korsgaard Street.

  • Proposed overhaul of regulation of pharmaceuticals in the EU
  • The Danish Supreme Court eases the standard of proof for financial losses in product imitation cases
  • Revision of ENLI’s Guidance on the Promotion Code
  • Blurring the line between real and fake in advertising
  • Network meetings – 3D printing and MedTech in a legal context

Open IP and Life Science News – volume 32 – March 2023:

This edition dives into a series of interesting copyright infringement cases between artists and creators of generative AI models as well as the first court cases on NFTs and the metaverse. Within the litigation theme, you may also read about the concept of litigation funding, which we expect to flourish on the European patent litigation scene once the UPC commences later this year. We also bring a series of short news on the latest development at the Medicines Council, allowing for biosimilars to be taken into use without prior assessment, how sustainability and environmental themes may now form part of HCP courses as well as on the extensions of the transitional periods in the MDR and IVDR.

Contributors are Christina Type Jardorf, Christoffer Ege Andersen, Sarah Veje Johansen, Melissa Tronier Kapper, Armin Sarvan, Martin Dysterdich Jørgensen, Amalie Rosenbaum Petersen, Christian Jul Gjølbo, Mille Marie Korsgaard Street and Anne-Sophie Rommerdahl.

  • AI artists & human artists battle in court: Lawsuits filed against generative AI
  • NFTs & the Metaverse: Where are we now …?
  • Third party litigation funding – the next big trailblazer?
  • Biosimilars can be used without the Medicines Council’s prior assessment
  • Sustainability and environmental topics can now form part of courses for HCPs
  • Extension of the transitional periods in MDR and IVDR

Open IP and Life Science News – volume 31 – December 2022:

In this edition we bring a reminder to PR agencies on their potential liability for hidden advertising and an article on how to avoid counterfeits in the increasingly complex market. You can also read about the latest news from the Danish Medicines Council having broadened the scope for its assessment by direct classification as well as from the Danish Health Technology Council now abandoning its cost-neutrality requirement. Finally, you may read about the use of health and nutrition claims and the Danish Veterinary and Food Administration’s latest control campaign.

Contributers are Christina Type Jardorf, Christoffer Ege Andersen, Sarah Veje Johansen, Amalie Rosenbaum Petersen, Daniel Bager, Rebecca Hvidt and Christian Jul Gjølbo.

  • Counterfeit confusion – how to avoid counterfeits in an increasingly complex market
  • Broadened scope for the Danish Medicines Council’s assessment by direct classification
  • Cost-neutrality requirement abandoned by the Danish Health Technology Council
  • PR bureaus beware! You may (also) be (co-)liable for hidden advertisement
  • Food for thought: Is your business’ food marketing compliant?

Open IP and Life Science News – volume 30 – November 2022:

In this edition you can read about green marketing in the pharmaceutical sector, a brand new “AI artist” able to create images from written prompts and a legislative proposal aiming to make misleading marketing conduct imprisonable. Finally, you can read about the EU-Commission’s recent proposal for a new Product Liability Directive and its potential implications.

Contributors to this edition are Christina Type Jardorf, Christoffer Ege Andersen, Melissa Tronier Kapper, Sarah Veje Rasmussen, Martin Dysterdich Jørgensen, Amalie Rosenbaum Petersen and Rebecca Hvidt.

  • Environmental claims in pharmaceutical advertising
  • Watch this space: A new AI artist is in town
  • Misleading marketing conduct likely to be made imprisonable – ”It must not pay off to break the law”
  • New Product Liability Directive may be on its way

Open IP and Life Science News – volume 29 – June 2022:

In this edition we are looking into whether preliminary injunctions can be based on a patent pre-grant – a question that has recently been tried before several courts around Europe, including in Denmark and the UK. Further, we prove a reminder on the benefits of registering trademarks and an overview of the recently amended Codes and Guidelines from ENLI.

Contributors to this edition are Morten Bruus, Christina Type Jardorf, Christoffer Ege Andersen, Amalie Rosenbaum Petersen, Daniel Mathias Bager, Rebecca Hvidt and Christian Jul Gjølbo.

  • Can a preliminary injunction be based on a patent pre-grant?
  • New case law on the importance of registering trademarks
  • Revision of ENLI’s Codes and Guidelines
  • New partner to strengthen Accura’s IP & Life Science team

Open IP and Life Science News – volume 28 – May 2022:

With a focus on new legislation within IP and Life Sciences, we present articles on the new transparency requirements for online marketing in the Danish Marketing Practices Act that enter into force later this week, the EU Commission’s proposal for a European Health Data Space and upcoming directive amendments to fight green washing. We also bring on some good news for design companies with a short update on China’s entering into the Hague System.

Contributors are Christina Type Jardorf, Christoffer Ege Andersen, Amalie Rosenbaum Petersen, Daniel Mathias Bager, Christian Jul Gjølbo and Caroline Dybbro Andersen.

  • New transparency requirements for online marketing
  • Proposal for a European Health Data Space Regulation
  • EU Commission proposes directive amendments to fight greenwashing
  • Design protection in China just got easier

Open IP and Life Science News – volume 27 – April 2022:

Read about a recent court decision that puts into question the existence of a non-statutory caricature exception in Danish copyright law, the newly launched Design Tribunal, Russia’s attempt to nationalise foreign IP rights and about DKTPO providing partial refunds for patent application fees for SMEs.

Contributors are Christina Type Jardorf, Christoffer Ege Andersen, Amalie Rosenbaum Petersen, Daniel Mathias Bager, Christian Jul Gjølbo and Caroline Dybbro Andersen.

  • Is free speech just a fairy tale in Danish copyright law?
  • New Danish Design Tribunal: Disputes on architecture, design and handicraft can now be filed
  • Russia to nationalise foreign intellectual property rights?
  • Calling on Danish SMEs: Partial refunds for patent application expenses available at DKPTO

Open IP and Life Science News – volume 26 – February 2022:

Read about NFTs and metaverses, an upcoming split-up of the executive order and guidance on advertising for medicinal products for human beings and animals and the EU SME Fund offering partial refunds of IP registration fees throughout 2022.

Contributors are Christina Type Jardorf, Christoffer Ege Andersen, Amalie Rosenbaum Petersen, Christian Jul Gjølbo and Caroline Dybbro Andersen.

  • NFTs and the metaverse: A new era in the digital age – and in the exploitation of IP-rights
  • Changes to the rules on advertising for medicinal products for human beings and animals
  • Did you know?: EU SME Fund offers partial refunds of IP registration fees

Open IP and Life Science News – volume 25 – January 2022:

Read about a new and important decision from ENLI’s Appeals Board on the Lobbying Code, the introduction of conditional recommendations of medicinal products at the Danish Medicinal Council and on trends of 2022 on digital IP infringements and how to avoid the.

Contributors are Morten Bruus, Christina Type Jardorf, Christoffer Ege Andersen, Sarah Veje Rasmussen, Amalie Rosenbaum Petersen and Christian Jul Gjølbo.

  • New important decision from ENLI’s Appeal Board; On the ethical rules for the pharmaceutical industry’s dialogue and negotiations with decision-makers (the Lobbying Code)
  • 2022-trends: Digital IP infringements and how to avoid them
  • New practice at The Danish Medicines Council: Conditional recommendations of medicinal products

Open IP and Life Science News – volume 24 – May 2021:

On the new Danish Health Technology Council, Parliament’s extension of the Danish pilot programme on medicinal cannabis and how to preserve evidence when suspecting an IP infringement.

Contributors are Christoffer Ege Andersen, Christina Type Jardorf, Amalie Rosenbaum Petersen, Rebecca Hvidt and Maria Sudergaard Larsen.

  • New Danish Health Technology Council to recommend health technologies – Get the full overview
  • Internal preservation of evidence – A key initial step when suspecting IP infringements
  • Extension of the Pilot Programme on Medicinal Cannabis

Open IP and Life Science News – volume 23 – April 2021:

On the Medicines Agency’s now permanent powers in light of COVID-19, bad faith trademark applications, geographical indications and new recommendations for medicinal cannabis companies.

Contributors are Morten Bruus, Christina Type Jardorf, Amalie Rosenbaum Petersen, Martin Dysterdich Jørgensen and Rebecca Hvidt Hein.

  • The Danish Medicines Agency’s powers to prevent supply shortage in light of COVID-19 are now permanent
  • The commercial reason for bad faith as a ground for trademark invalidation
  • New recommendations to assist medicinal cannabis companies in complying with security requirements
  • The geography of geographical indications

Open IP and Life Science News – volume 22 – February 2021:

On the Medicines Council’s new principles for the use of unpublished data an on the the up-and-coming implementation of the DSM-Directive to enhance liability for tech companies.

Contributors are Morten Bruus, Christoffer Ege Andersen, Melissa Tronier Kapper and Amalie Rosenbaum Petersen.

  • The Danish Medicines Council issues new principles for use of unpublished data
  • Amendments to the Danish Copyright Act on the way: Enhanced liability for tech companies

Open IP and Life Science News – volume 21 – December 2020:

Latest news on IPR and Life Science from Accura. Contributors are Morten Bruus, Tobias Triton Frost and Amalie Rosenbaum Petersen.

  • Danish court issues important ruling in pharma press release case between Sanofi and Novo Nordisk
  • EU directs action plan and strategy to IP and life science
  • Higher legal costs awarded in IP litigation in Denmark

Open IP and Life Science News – volume 20 – November 2020:

  • A new design tribunal emerges in Denmark
  • Food for Thought for Food Influencers and Companies
  • How to use Google Ads correctly and avoid lawsuits from your competitors

Open IP and Life Science News – volume 19 – June 2020:

  • Does copyright provide sufficient protection when it rains in Denmark?
  • Increase in tax allowance for R&D further secures Denmark’s status as R&D hotspot
  • Trademark protection in China – in Chinese or Latin?

Open IP and Life Science News – Volume 18 – May 2020:

  • How to conduct Clinical Trials during the COVID-19 pandemic
  • The advocate general challenges recent CJEU case law on SPCs for second medical use
  • Danish High Court dismisses illegal downloading and file sharing cases

Open IP and Life Science News – Volume 17 – March 2020:

  • Danish Court changes course and acquits the defendant for illegal downloading and file sharing
  • Use of “linkbuilding” and rules on hidden advertisement
  • Unpublished data and the Danish Medicines Council