In an article, "Uncertainty and Disharmony Plague Patent Term Extensions in Europe" (
published today by Genetic Engineering & Biotechnology News), Andrew Sharples discusses the problems created by insufficiently specific and variously-implemented EU legislation which was intended to harmonise the law and practice relating to patent term extensions. He gives a short overview of the issues currently awaiting decision by the Court of Justice of the European Union, as well as the issues surrounding the controversial 'infringement test'.
Where does the oft-quoted "the CJEU tends to follow the AG’s opinion in about 80% of cases" statistic come from? Is it true for all cases the CJ hears, or just IP, or even just SPC cases? Quite a few SPC cases have gone against the AG.
ReplyDeleteI think the rate is lower than 80%. MIT has gone against the AG if I'm not wrong. Trstenjak has not been followed in her last case Lovells...The outcome depends as well on the Chamber and very much on the Judge rapporteur...
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