The Future for European Supplementary Protection Certificates – is it in the balance? | Fieldfisher
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The Future for European Supplementary Protection Certificates – is it in the balance?

05/09/2017
Our latest article for AIPLA's Biotech Buzz is now live

We explore the latest developments in the world of SPCs in our recent article published on AIPLA's Biotech Buzz.  The article can be found here: http://www.aipla.org/committees/committee_pages/Biotechnology/international/Shared%20Documents/International_Buzz_201708c.pdf

 

Since publication, the UKIPO has confirmed that it received notification of the request for a preliminary ruling from the CJEU in the 'Abraxis' case, where the English High Court has referred the following question: "Is Article 3(d) of the SPC Regulation to be interpreted as permitting the grant of an SPC where the marketing authorisation referred to in Article 3(b) is the first authorisation within the scope of the basic patent to place the product on the market as a medicinal product and where the product is a new formulation of an old active ingredient?" Watch this space...

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