Pharmaceutical IP and competition law Country Q&A tool

Search the Country Q&A in the Life Sciences Global Guide Pharmaceutical IP and competition law section by question and jurisdiction.

Step 1: Check the boxes to select the questions and the jurisdictions for comparison.
Step 2: Click the "submit" button.
Step 3: Scroll down to view answers and check law stated dates for each jurisdiction.

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Patents

1. What are the legal conditions to obtain a patent and which legislation applies? Which products, substances and processes can be protected by patents and what types cannot be patent protected?
 
2. How is a patent obtained?
 
3. How long does patent protection typically last? Can monopoly rights be extended by other means?
 
4. How can a patent be revoked?
 
5. How is a patent infringed? How is a claim for patent infringement made and what remedies are available?
 
6. Are there non-patent barriers to competition to protect medicinal products?
 

Trade marks

7. What are the legal conditions to obtain a trade mark and which legislation applies? What cannot be registered as a trade mark and can a medicinal brand be registered as a trade mark?
 
8. How is a trade mark registered?
 
9. How long does trade mark protection typically last?
 
10. How can a trade mark be revoked?
 
11. How is a trade mark infringed? How is a claim for trade mark infringement made and what remedies are available?
 
12. Outline the regulatory powers and enforcement action against counterfeiting in the pharmaceutical sector.
 

IP and competition law issues

13. Briefly outline the competition law framework in your jurisdiction and how it impacts on the pharmaceutical sector. In particular, the competition authorities and their regulatory powers, key legislation, whether pharmaceutical investigations are common, key recent activity and case law.
 
14. Briefly outline the competition issues that can arise on the licensing of technology and patents in a pharmaceutical context.
 
15. Are there competition issues associated with the generic entry of pharmaceuticals in your jurisdiction?
 
16. Have abuse of dominance issues arisen in the pharmaceutical sector in your jurisdiction?
 
17. Have parallel imports of pharmaceuticals raised IP and competition law issues in your jurisdiction?
 
18. Does a patent or trade mark licence and payment of royalties under it to a foreign licensor have to be approved or accepted by a government or regulatory body? How is such a licence made enforceable?
 
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