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Update February 2024 On Commission Plans Liberalization Of New Genomic Techniques (NGTS) In The EU

On February 7, 2024, the European Parliament approved the draft regulating plants obtained by certain new genomic techniques (NGT) like CRISPR-Cas. The members of the European Parliament (MEPs) voted to divide NGT plants into...more

EU AI Act – Landmark Law on Artificial Intelligence Approved by the European Parliament

The highly anticipated EU Artificial Intelligence Act is finally here! With extra-territorial reach and wide-reaching ramifications for providers, deployers, and users of Artificial Intelligence (“AI”), the Artificial...more

Commission Plans Liberalization Of New Genomic Techniques (NGTS) In The EU

After undergoing an extensive three-year consultation process, the EU Commission’s proposal for a regulation on plants obtained by certain new genomic techniques like CRISPR-Cas (the “Proposal”) is finally available for...more

EU MDR And IVDR Implementation: European Commission Publishes Full Proposal For Amending Transitional Regime

Following up on its announcement in the EU Employment, Social Policy, Health and Consumer Affairs Council (EPSCO) Meeting, the European Commission (Commission) released on January 6, 2023, a proposal (Proposal) to amend the...more

EU MDR And IVDR Implementation: Signs Of Relaxing Transitioning Regime And Bridging Measures

Concerns over possible medical device shortages in the EU have led to two recent developments that will affect the implementation of the Medical Device Regulation (MDR) and In Vitro Diagnostic Medical Device Regulation (IVDR)...more

EU: In Vitro Diagnostic Regulation Entered Into Force (Part 3 Of 3)

Part 1 of this article discussed the background and purpose of the EU In Vitro Diagnostic Regulation (EU) 2017/746 (IVDR), the definition of in vitro diagnostic medical devices (IVDs), the risk-based classification system,...more

EU: IN VITRO Diagnostic Regulation Entered Into Force (Part 1 OF 3)

In vitro diagnostic medical devices (IVDs), hence devices used for medical tests on samples such as blood or tissue that have been taken from the human body, have become the center of attention in the public eye during the...more

A Long Courtship For Unity – As Europe’s Unitary Patent System Is Going Live Soon, Consultations About A Unitary Supplementary...

After a myriad of challenges, delays, and hurdles, the setting up of the pan-European patent court, the Unified Patent Court (UPC), is finally gaining traction. On January 19, 2022, the UPC came into existence as an...more

“AT ANY RATE, IT WON’T FAIL BECAUSE OF MONEY.”

Dr. Schönig, CO2-neutral meat production is considered one of the key aspects in the fight against climate change. Can we really make a big difference through our food choices? According to expert estimates, conventional...more

Green Light For UPC

UPC – And it got up again- Having been sent down for the count by constitutional complaints in Germany, the road finally seems paved for the Unified Patent Court. On July 9, 2021, the German Federal Constitutional Court...more

The European Commission’s Take On Novel Genomic Techniques (NGTs) In Light Of CJEU’s Ruling In Case C-528/16

The decision of the Court of Justice of the European Union (CJEU) in case C-528/16 essentially banning novel genomic techniques (NGTs), in particular novel mutagenesis technologies such as CRISPR-Cas9, left the community in...more

Software As A Medical Device In Europe – New Regulatory Regime About To Enter Into Force – (Part 6 Of 6)

In Part 6 of our series of consecutive articles on the reformed regulatory framework under the EU Medical Device Regulation 2017/745 (“MDR”), which will govern medical devices software (“MDSW”) in the EU, we turn to the...more

Global Healthtech CEO Connect: Software As A Medical Device In The U.S. And EU Recap

On Friday, March 26, 2021, over 180 attendees worldwide attended McKinsey & Company’s first Global HealthTech CEO Connect of 2021. The discussion focused on regulatory and legal considerations for software as a medical device...more

Software As A Medical Device In Europe – New Regulatory Regime About To Enter Into Force – (Part 5 Of 6)

The preceding articles of this series laid out how the new EU Medical Device Regulation 2017/745 (“MDR”) leads to a broader coverage of medical devices and an overall deeper level of regulation in areas already regulated...more

Software As A Medical Device In Europe – New Regulatory Regime About To Enter Into Force – (Part 4 Of 6)

After having dealt with the issue when software may be considered a medical device according to its intended purpose (in part 2) and the implications of the new risk classification regime (in part 3), in this part 4 of our...more

Software As A Medical Device In Europe – New Regulatory Regime About To Enter Into Force – (Part 3 Of 6)

Having shed light on the relevance of the intended purpose of a medical device when determining whether software qualifies as medical devices software (“MDSW”) under the new EU Medical Device Regulation 2017/745 (“MDR”) in...more

Software As A Medical Device In Europe – New Regulatory Regime About To Enter Into Force – (Part 2 Of 6)

In Part 2 of our series of consecutive articles on the reformed regulatory framework under the EU Medical Device Regulation 2017/745 (“MDR”), which will soon govern medical devices software (“MDSW”) in the EU, we will shed...more

Software As A Medical Device In Europe – New Regulatory Regime About To Enter Into Force – (Part 1 Of 6)...

The COVID-19 pandemic has significantly accelerated the adoption of digital health and virtual care in Europe, as well as globally. Fueled by technological advancement, including in the space of data analytics and AI, this...more

Top 10 Considerations When Drafting And Negotiating SRAs, With U.S. And EU Perspectives

Sponsored Research Agreements (SRA) are used by companies to contract a research organization, such as a university, to conduct research and development activities in exchange for fees and the university’s rights to use the...more

UK Plans For Robust Life Sciences Regulation Post-Brexit

As Brexit is finally completed in the UK, from 1 January 2021, the Medicines and Healthcare products Regulatory Agency (“MHRA”) will be the UK’s standalone medicines and medical devices regulator. Transition from the EU...more

Hard Knocks Keep Coming For Europe’s Unified Patent Court

With brexited UK announcing that it will not join Europe’s long-awaited Unified Patent Court (UPC), the establishment of an efficient pan-European patent litigation system faces ever-mounting challenges. Last Friday, the...more

A Structured Guide to Recent Case Law of the Court of Justice of the European Union on Supplementary Protection Certificates in...

In principle, patents confer protection for a maximum of 20 years. In Europe, however, the patent terms for pharmaceutical products that meet the conditions necessary for supplementary protection certificates (“SPC”) can be...more

The EU General Court’s Ruling on Pay for Delay - Why Patent Settlement Agreements May Violate EU Antitrust Laws

The EU General Court (“Court”) reduced the fines imposed on Servier SAS and its subsidiaries (“Servier”) from a total of €428 million to €315 million (see press release no. 194/18), thereby partially annulling a European...more

IP Protection Post-Brexit: A Right-by-Right Analysis

The United Kingdom is set to leave the European Union on 29 March 2019 (“Exit Date”). With Brexit fast approaching, on 25 November 2018 the EU and the UK announced their consensus on a withdrawal agreement that sets out the...more

Digital Single Market Update: Technology Standardization in the EU - Improving European Companies’ Competitiveness in the Areas of...

ICT standardization is a key part of the European Union’s package of measures designed to improve Europe’s competitiveness and productivity. As part of the EU’s Digital Single Market (DSM) initiative, the European Commission...more

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