From: Enrichment - Restitution & Unjust Enrichment Legal Issues <ENRICHMENT@LISTS.MCGILL.CA>
To: ENRICHMENT@LISTS.MCGILL.CA
Date: 29/10/2014 12:26:23 UTC
Subject: [RDG] Terpitude in the UK Supreme Court

The UK Supreme Court today gave judgment in Les Laboratoires Servier &
Anor v Apotex Inc & Ors [2014] UKSC 55.

http://www.bailii.org/uk/cases/UKSC/2014/55.html

On a first skim reading of the decision, I am sure the result is right
- less so whether the distinction apparently drawn by the majority
between breaches of the public law of a state, which give rise to the
illegality defence and private rights (patent rights in this case)
which do not is entirely convincing. I think the patent rights at
issue in the case themselves high-light that the sharp distinction
between public law and private rights which the Court appears to
envisage may not always be an easy one to draw.

Kind regards

Ger

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