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The Basel Intellectual Property Lectures 2014

We are very happy that the Basel Intellectual Property Lectures are in the meantime an integral part of the IP Community in Basel and beyond. We are pleased to further inform you about interesting, exciting and latest topics in the field of IP. It is our aim to invite in the special subject highly qualified and renowned lecturers, in order to provide you with competent and diverting lectures, which should encourage further discussion and to the best contribute to further legal development in the field of Intellectual Property.

In the present Program 2014 you will find an overview on all lecture topics scheduled so far this year.

Of course we are always happy about suggestions from our participants as towards further lecture topics and lecturers. After all, the Basel Intellectual Property Lectures subsist on the lively communication in our dedicated IP community. Please send your suggestions to:

Summary of the recent Lectures:1

On 03 June 2014, John Norman, attorney at law and biochemist, partner at Gowlings in Ottawa, gave a very informative and useful lecture on the disclosure and utility requirements in Canadian patent practice.

To be patentable in Canada, an invention must not only be new and inventive, it must also be “useful” (Section 2 of Canadian Patent Act). Recently, the utility of each claim is assessed against “the promise of the patent”. In the past decade, attacks on the lack of sound prediction and failure to meet the promise of the patent have often been used in order to challenge patents. The lecture summarized Canadian case law in respect of disclosure and utility requirements, in particular focussing on the decisions Asteazeneca v Mylan, 2011 FC 1023, aff'd 2012 FCA 109; Sanofi v Apotex, 20122 FC 1486, rev'd 2013 FCA 186; and Apotex v Wellcome, 2002 SCC 77.

The discussion was continued at the reception after the lecture. We thank you for attending this event.

Yours truly,

Dr. Marita Wasner

On 29 April 2014, Bert Oosting, attorney at law and neuropsychologist, partner at Hogan Lovells International LLP in Amsterdam, gave a very interesting lecture with the topic:

Cross-border preliminary measures in patent litigation and international arbitration in The Netherlands: cross-border evidentiary seizure ("Saisie") actions, cross-border use of seized evidence and cross-border preliminary injunction actions.

We could learn that the cross-border measures initiated in the Netherlands, after some years of deep slumber, are back again with even more options to consider.  It is impossible, in this framework to summarise the complete lecture. As one of the central points, however, it can be noted that cross-border evidentiary seizure (saisie) actions and disclosure actions can get important for patents and for trade secrets, even when no Patent and no proceedings in the Netherlands exists or is/are started there, and the result can be used outside of the Netherlands.

With these impressions at hand, the audience attended our reception and continued very lively and fruitful discussions.  We thank you all for attending this event.

Yours truly,

Dr. Marita Wasner

On 18 March 2014, Blaž Višnar, Case Manager at the Directorate General of Competition of the European Commission in Brussels gave a lecture with the topic “EU Competition Law and IPRs in the Pharmaceutical Sector”. After the Sector Enquiry of the European Commission in Pharmaceutical Industry in 2008/2009, and the continued monitoring of patent settlements by the EC, it was very fruitful for the audience, mainly composed of patent attorneys and attorneys at law from industry, but also from private practice, to learn about the intention and thinking of the Directorate of Competition of the European Commission. Blaž Višnar presented cases of IPR-related abuses of dominance, and then went over to the subject of patent settlements. The good news was that the vast majority of all settlements reported in the EU can be immediately classified as unproblematic. Potential antitrust scrutiny only concerned a small fringe of all settlements. The presentation helped well to give a better understanding and awareness of competition law matters - and traps.

The lively discussion was continued at the reception after the lecture. We thank you all for attending this event.

Yours truly,

Dr. Marita Wasner


1: Please note that the summaries merely reflect the personal opinion of the author Dr. Marita Wasner and are by no means to be understood as legal advice.

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