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ARTICLE · 12 JULY 2016

Additional IP Considerations In Light Of Brexit

Morgan Lewis
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Pharmaceutical and agricultural companies in particular should consider the effect of Brexit on their European patent portfolios.

European UnionIntellectual Property
Robert Smyth
Robert Smyth
Todd B. Buck, Ph.D.
Todd B. Buck, Ph.D.

Pharmaceutical and agricultural companies in particular should consider the effect of Brexit on their European patent portfolios.

Supplementary Protection Certificates (SPCs) are governed by EU regulations and are thus only available to EU member states. SPCs allow for up to five years of additional product exclusivity beyond expiration of any patent issued by the European Patent Office and validated in a member state of the European Patent Convention. SPC protection must be applied for in each EU member state where a European patent is validated. Existing SPC holders in the United Kingdom will likely lose their exclusivity under their SPC in the United Kingdom following Brexit because EU laws that govern the SPC will no longer be enforceable in the United Kingdom.

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