Two new publications on “European patent strategies under the UPCA” and on “Synthetic Biology & Intellectual Property Rights”

By Timo Minssen

I am pleased to announce two new publications on (1) “European patent strategies under the UPCA” and (2)  “Synthetic Biology & Intellectual Property Rights”:

1) Minssen, T & Lundqvist, B 2014, ‘The ”opt out” and “opt-in” provisions in the Unified Patent Court Agreement – Impact and strategies for European patent portfolios‘ , published  in N I R (Nordic IP Review), vol 2014, nr. 4, s. 340-357.

Abstract: Many questions concerning the UPC’s jurisdiction during the transitional period for European Patents under Article 83 UPCA remain unsolved. Focusing on the “opt in” and “opt out” choices under Article 83 (3) & (4), this paper discusses the legal nature and prerequisites of these provisions, as well as the options and strategic choices that patent proprietors and applicants are facing. Considering the pros and cons of the emerging unitary system in light of a persisting uncertainty of how to interpret relevant stipulations, it is emphasized that there will be no clear-cut solutions. Rather the suitability of each approach will have to be evaluated on a case-by-case basis, taking into account all circumstances surrounding an invention, its patent-claims and the underlying business strategy. Recognizing that the worst thing to do is to do nothing at all, we conclude with a summary and some general remarks.

2) Minssen, T, Rutz, B & van Zimmeren, E 2015, ‘Six recommendations on “Synthetic Biology & Intellectual Property Rights”, forthcoming in Biotechnology Journal (Spring 2015).

On 26th November 2013, the Danish Agency for Science, Technology and Innovation organized an expert meeting on “SB & IPRs” in Copenhagen sponsored by the European Research Area Network (ERA-NET) in SB (ERASynBio) . The meeting brought together ten experts from different countries with a variety of professional backgrounds. It consisted of a series of presentations followed by discussions in smaller groups that focused on the following questions: What is the impact of the current IP framework on innovation in SB? Is there any empirical evidence of a negative/positive impact? If there is a negative impact, are there particular innovative solutions or models employed in other sectors that could support the robust development of SB?The aim of this publication is to provide an unbiased overview of the major issues and recommendations discussed during the expert meeting. Although SB may involve many different IPRs, the discussions focused in particular on patents and patent-related rights. It should be emphasized, that the authors of the current document do not necessarily share all the views expressed in this publication.


Timo Minssen

Timo Minssen is Professor of Law at the University of Copenhagen (UCPH) and the Founder and Managing Director of UCPH's Center for Advanced Studies in Biomedical Innovation Law (CeBIL). He is also affiliated with Lund University as a researcher in Quantum Law. His research concentrates on Intellectual Property, Competition & Regulatory Law with a special focus on new technologies in the pharma, life science & biotech sectors including biologics and biosimilars. His studies comprise a plethora of legal issues emerging in the lifecycle of biotechnological and medical products and processes - from the regulation of research and incentives for innovation to technology transfer and commercialization.

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