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A significant victory for our IP department

Our IP Department has won an important case before the Supreme Court, representing the interests of its client BAYER  SCHERING PHARMA AG 

On 20 July 2012, the Supreme Court of Cyprus handed down its judgment in Administrative Recourse no. 275/2011 which had been filed by our Firm on behalf of its clients, Bayer Schering Pharma AG ("Bayer").

In the proceedings in question, Bayer challenged the decision of the Cyprus Registrar of Patents to remove one of their important patents from the Patent Register, on the grounds that it was arbitrary, illegal and contrary to established principles of Administrative Law. The Registrar had based the removal on the view that  Bayer had not filed its change of name as against this patent and had defaulted in the payment of its annuities.

During the court proceedings, the Registrar of Patents put forward a number of preliminary objections. He alleged, inter alia, that Bayer was barred from opposing the removal of the patent as the Recourse had been filed out of time and that Bayer did not possess a legitimate interest to pursue the case.

In response to the Registrar's preliminary objections, our Firm counter-argued that (a) the date of the publication of the removal of the patent in the Official Gazette of the Republic was the crucial date for the purposes of calculating the 75 day time limit for the filing of a recourse, and as such the applicable deadline had been met; and that (b) Bayer had never lost its legitimate interest as it regularly paid the annual renewal fees for its patent.

All preliminary objections of the Registrar of Patents were dismissed by the Supreme Court judge who then held that the Registrar had failed both to carry out the necessary investigation in order to ascertain the true facts of the case and to support his decision with due reasoning. The Registrar's act of removing Bayer's patent from the Register was therefore declared null and void and of no effect whatsoever. The judge awarded costs to Bayer.

The Registrar of Patents has now filed an Appeal against this decision.

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