Life Sciences Report November 2019

We have the pleasure of presenting the latest issue of Setterwalls’ Life Sciences report. The report presents our view on selected current issues with respect to life sciences.

We hope you will find the report of interest.

A taste may be unique but it not subject to copyright protection
The EU Court concludes that a taste of a food cannot be protected by copyright. Interpreting national legislation in a way that results in copyright protection for such a taste is thus not compliant with EU-law. This is evident from the EU Court’s preliminary ruling of November 13th in C-310/17 between Levola Hengelo BV and Smilde Foods BV. Continue reading

Brexit – a never-ending story?
There have been many twists and turns regarding Brexit, and just before this article was written, it was decided that the UK will go to the polls on 12 December after MPs backed Boris Johnson’s call for an election following months of Brexit deadlock. Continue reading

Checklist – Claims about medical devices
Are you considering making claims about your medical device? Do you want to highlight your medical device’’s best features in marketing, instructions, labelling or similar? Here is a checklist of things to consider. Continue reading

Increased transparency of the EU risk assessment in the food chain
On 13 June 2019, the Council formally adopted a new regulation regarding the transparency and sustainability of the EU risk assessment in the food chain. The Regulation, based on a proposal tabled by the European Commission, aims to strengthen the objectivity, reliability and independence of the studies used by the European Food Safety Authority (EFSA). Continue reading

Questions remain regarding classification of CBD Products
The Swedish Medical Products Agency (MPA) considers that products containing cannabidiol (CBD) for oral use or inhalation constitute medicinal products according to the Medicinal Products Act, and that such products must therefore be approved in order to be sold. Recently, several marketing bans on such products were examined by the Administrative Court. Continue reading

Processing personal data for research purposes
This two-article series focuses on some key legal aspects for life sciences companies when processing personal data for research purposes. In Part 1, we discussed the term “research” from a legal perspective and explained what advantages a company may have, as well as what consequences there may be when processing personal data for research purposes. Continue reading

Selection, clearance and registration of trademarks for pharmaceutical products in Sweden
Trademark protection in Sweden can be obtained by filing a national or EU trademark application or an international registration designating Sweden or the European Union. Unlike the EU Intellectual Property Office (EUIPO), the Swedish Patent and Registration Office (PRV) will examine applications on both absolute and relative grounds. Continue reading

The legal framework for disease awareness campaigns
Disease awareness campaigns are becoming increasingly common. Below you can find out more about the legal framework for such campaigns, as well as the implications of the rules in the use of such campaigns. Continue reading

To be agreed or not to be agreed in R&D agreements
Better collaborations lead to better innovation. Today, it is regularly acknowledged that external collaborations are important for companies to generate new knowledge and improve firms’ innovative performance. Innovating through R&D collaboration has several substantive benefits, such as the possibility for mutual knowledge sharing, combining complementary skill sets and reducing the costs of generating new knowledge. Continue reading