Les Laboratoires Servier and another v Apotex Inc and others – WLR Daily

Posted October 31st, 2014 in damages, ex turpi causa, injunctions, law reports, patents, public interest by sally

Les Laboratoires Servier and another v Apotex Inc and others [2014] UKSC 55; [2014] WLR (D) 452

‘Although acts which constituted “turpitude” for the purposes of giving rise to the defence of ex turpi causa non oritur actio were not confined to criminal acts but included quasi criminal acts which engaged the public interest, civil wrongs which offended against private and not public interests did not give rise to the defence. Infringements of patent gave rise to private rights of a character no different from rights under contract or tort and there was no public policy which would give rise to a defence of ex turpi causa.’

WLR Daily, 29th October 2014

Source: www.iclr.co.uk