Asma Bendjaballah

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The SPC system: a flawed system in need of reform? That is the question... asked by the European Commission

In view of the imminent launch of the Unified Patent Court (“UPC”) and following the publication, in 2020, of its “Intellectual Property Action Plan”,  its “Pharmaceutical Strategy for Europe” and its report on the evaluation of the current Supplementary Protection Certificate (“SPC”) regime, the European Commission launched on 8 March a call for evidence to gather opinions on a possible reform of the SPC system.

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Patent opposition before the INPI: veni, vidi, now being able to tell how it could be

The opposition proceedings before the INPI came into force on 1st April 2020 and is off to a good start, with around twenty oppositions having been filed, mainly by strawmen but also by foreign companies. The oral proceedings started on 25 January 2022, and we attended and participated in the first four. Here we share our first impressions before the oral proceedings resume in mid-March. On the whole, the course of oral proceedings before the INPI is very similar to that of the European Patent Office (EPO) with, nevertheless, a notable singularity: the INPI seems to be more welcoming of late submissions.

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August Debouzy, alongside the founders in the transfer of control of Laboratoires Majorelle to EW Healthcare Partners.

August Debouzy advised the founders in the context of the sale of the Laboratoires Majorelle to EW Healthcare Partners for an undisclosed amount.

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The Opposition before the French Patent Office

Today is the day of the “launch” of the opposition procedure before the French Patent Office (“Institut National de la Propriété Intellectuelle” or “INPI”). This procedure is a new way to challenge the validity of a French patent, alongside the claim for invalidity.

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Publication of Decree No. 2020-225 of March 6, 2020 on the opposition procedure for French patents and setting of the opposition fee

The decree n°2020-225, taken for the application of the ordinance n°2020-116 which creates a right of opposition to French patents, was published in the Official Journal on March 6, 2020.

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Publication of Ordinance No. 2020-116 of 12 February 2020 creating a right of opposition to French patents

On 13 February 2020, Order No. 2020-116 was published in the Official Journal. It creates a right of opposition to the French patents before the INPI. The content of this ordinance is summarized in the report to the President of the Republic published the same day.