EU SPC Reform – A Marathon Not A Sprint

Introduction

A few months after the European Commission released its long-awaited proposals for reform of Supplementary Protection Certificates (SPCs)¹, most interested readers will not be surprised to hear that it may still be some time before we see any enactment of reform.

The proposals themselves arise from consultations which date back many years, notably including a study published in 2018 from the Max Planck Institute². Now, under the EU's ordinary legislative procedure, both the European Parliament and the European Council will consider the proposals. Interested parties will have the opportunity to make submissions, and both EU institutions will have the opportunity to propose amendments. Ultimately both must approve a final text before it is adopted. At present there is no clear timetable for any of these processes to occur.