Medical Research in UK Law

Leading Cases
  • E l du Pont de Nemours & Company v Comptroller of Patents
    • Court of Appeal (Civil Division)
    • 17 September 2009

    The Paediatric Regulation was to encourage specific research – and dissemination of knowledge about its results —into already known medicines as to their applicability for children. Prior to the Regulation there was no specific incentive for such research. The Paediatric Regulation provides an incentive – an extra six months of protection —for having conducted such research.

    The “third party certainty” point is further undermined by the fact that there is no requirement that third parties shall be entitled to see sufficient of the details of the application to form a view as to whether it will succeed. Or any of the details of an application for an MA or a variation of an MA. Nor is there any requirement that a national authority must come up with a decision by a particular time after the application.

    Miss May indicated that, for future guidance, it would be helpful for the Comptroller to know just how late an applicant can be in supplementing its application with missing material. As at present advised (and of course this is strictly a question not before us) I would only say this: that in setting the Article 10(3) period the Comptroller can and should take into account all relevant factors.

    The crucial issue before us concerns Article 10(3), and the meaning of “irregularity”. There are a number of reasons for giving the word a wide meaning. There is no contextual indication of any different meaning, and no basis in the wording or Article 10 or, as Lord Justice Jacob has shown, in the Recitals to the Regulation to limit its meaning. More particularly, nothing in the Recitals or the substantive provisions of the Regulation suggests the distinction contended for by Miss May.

  • Monsanto Technology LLC v Cargill International SA (No 2)
    • Chancery Division (Patents Court)
    • 21 December 2007

  • Quintavalle v Human Fertilisation and Embryology Authority
    • House of Lords
    • 28 April 2005

    But, like all guidance on construction, Lord Wilberforce's remarks are more appropriate to some cases than others. This is not a case in which one starts with the presumption that Parliament's intention was directed to the state of affairs existing at the time of the Act. It obviously intended to regulate research and treatment which were not possible at the time.

  • Illumina, Inc. and Others (Claimants to case no HC-2015-001175) Illumina, Inc. and Another (Claimants in case no HP-2015-000047) v Premaitha Health Plc and Another (Defendants in case nos HC-2015-001175 HP-2015-000047)
    • Chancery Division (Patents Court)
    • 21 November 2017

    Lo 1, and the other Patents, are subject to a Pooled Patents Agreement dated 2 December 2014 between Illumina and Sequenom ("the PPA"), which concerns intellectual property relating to NIPD. Illumina alleged that an exclusive licence under the Lo 1 Patent was granted by Sequenom to Illumina under Section 2.3 of the PPA.

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Legislation
  • Data Protection Act 2018
    • UK Non-devolved
    • January 01, 2018
    ...... (e) (e) point (j) (archiving, research and statistics). . (2) The processing meets the requirement in point ... which the processing is necessary include the purposes of approved medical research. . (4) In this section— . “approved medical research” ......
  • Radiological Protection Act 1970
    • UK Non-devolved
    • January 01, 1970
    ......   . ( a . ) by means of research and otherwise, to advance the. acquisition of knowledge about the ...Service heretofore provided by the Medical Research. Council; and. .   . ( b . ) carry on in place of the United ......
  • Science and Technology Act 1965
    • UK Non-devolved
    • January 01, 1965
    ...... to the responsibility and powers in relation to scientific research and related matters of the Secretary of State, the Minister of Technology ...   . ( a . ) the Agricultural Research Council and the Medical. Research Council; and. .   . ( b . ) if Her Majesty is pleased to ......
  • Parliamentary and Health Service Commissioners Act 1987
    • UK Non-devolved
    • January 01, 1987
    ...... S-2 . Removal of a Commissioner on grounds of incapacity for medical reasons 2 Removal of a Commissioner on grounds of incapacity for medical .... General Register Office, Scotland. . Agricultural and Food Research Council. . Economic and Social Research Council. . Medical Research ......
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Books & Journal Articles
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Law Firm Commentaries
  • Medical Research Council Advises on How to Anonymise Information for Research Purposes
    • JD Supra United Kingdom
    Anonymisation has always been (and still is) a real challenge for those carrying out clinical research. To shed some light on this matter, the Medical Research Council (MCR) – which is part of UK R...
  • Medical Research Council Advises on How to Anonymise Information for Research Purposes
    • LexBlog United Kingdom
    Anonymisation has always been (and still is) a real challenge for those carrying out clinical research. To shed some light on this matter, the Medical Research Council – which is part of UK Researc...
  • UK MRC Clarifies When Health Data Is Anonymised in Research Context
    • JD Supra United Kingdom
    Research participants must identify which data sets constitute personal data to ensure compliance with the GDPR. The UK Medical Research Council (MRC) has published a useful guidance not...
    .... Research participants must identify which data sets constitute personal data to ensure compliance with the GDPR. The UK Medical Research Council (MRC) has published a useful guidance note on the identifiability, anonymisation, and pseudonymisation of personal data in the ......
  • Asbestos Campaigners 1,200 Mile Bike Ride in the UK
    • LexBlog United Kingdom
    Asbestos campaigners in the UK have embarked on a 1,200 mile bicycle trip to publicize the need for more medical research into asbestos-related cancers and to publicize asbestos issues. The trip is...
    ...... on a 1,200 mile bicycle trip to publicize the need for more medical research into asbestos-related cancers and to publicize asbestos issues. ......
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