IP and R&D

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The life sciences sector is made up of a broad set of industries, such as pharmaceuticals, medical technology (devices and diagnostics), biotechnology, plant protection and cosmetics. Within each of these industries are many sub-divisions or specialisms. For example, within pharmaceuticals there are chemical compounds, active pharmaceutical ingredients, or chemical entities (which are more commonly known as small molecules). There are also biologically derived products used in pharmaceuticals, such as monoclonal antibodies. In addition, there are products at the borderline of pharmaceuticals, eg foodstuffs, which may be processed to have particular designed health benefits.

Intellectual property (IP) law consists of four main IP rights—patents, trade marks, designs and copyright. For guidance to each of these in the EU, see:

  1. •

    Patents (EU Law)—overview

  2. •

    Trade marks (EU Law)—overview

  3. •

    Designs (EU Law)—overview

  4. •

    Copyright, databases & associated rights (EU Law)—overview

Patents

Patents, which grant the proprietor the right to exclude others from using the invention within a particular jurisdiction for a limited period of time, are a key part of life sciences industries, much more so than in some other types of industry.

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When can stocking goods be an infringing use of a trade mark?–an update (Tradeinn Retail v PH)

EU Law analysis: This is the decision from the Court of Justice, following the opinion of Advocate General Spielman, on a request from the Bundesgerichtshof (Federal Court of Justice, Germany) for an interpretation of Article 10(3) (b) of Directive (EU) 2015/2436 as to whether the proprietor of a national trade mark may prevent another party stocking infringing products in another country for the purpose of selling them into the country where the national trade mark is protected. Written by Helene Whelbourn, legal director at Lee & Thompson LLP.

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EU Law weekly highlights—14 August 2025

This week's edition of EU Law weekly highlights includes details of consultations launched by the European Commission on the EU Foreign Subsidies Regulation, a new roadmap for AI and digitalisation in the energy sector, future legislation governing carbon dioxide transportation infrastructure and markets, and a EU cardiovascular health plan. In addition this week, the Commission has published a study examining barriers to AI deployment in healthcare systems and the European Media Freedom Act entered into application, introducing new legal protections for media freedom, independence and pluralism across the EU. These highlights also include an analysis of recent confusion over AI model training data disclosure requirements pursuant to the EU AI Act.

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