Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 05 JULY 2023

Proposals For Reform Of The EU's SPC System

Boult Wade Tennant LLP
Boult Wade Tennant LLP
Contributor
Boult Wade Tennant LLP

Boult Wade Tennant LLP

Boult is a top-tier European firm specializing in IP advice and solutions for both domestic and...

View firm profile
Explore more from Boult Wade Tennant LLP

On 27 April 2023 the European Commission published proposals concerning supplementary protection certificates (SPCs) for medicinal products and plant protection products.

European UnionIntellectual Property
Barbara Rigby
Barbara Rigby
Author LinkedIn connections

On 27 April 2023 the European Commission published proposals concerning supplementary protection certificates (SPCs) for medicinal products and plant protection products. SPC protection is currently only available at national level. The proposals would introduce the option of obtaining a unitary SPC, as well as a new centralised procedure for obtaining a bundle of national SPCs.

In addition, the proposals contain provisions that, if adopted, may also impact on certain substantive aspects of the SPC regimes.

Unitary SPC

To complement the Unitary Patent (UP) system which came into force on 1 June 2023, the EU Commission proposes to introduce a Unitary SPC system. Unitary SPCs would be examined and granted by a central examination authority. Only a UP could serve as the basic patent on which the unitary SPC would be based, and the unitary SPC would have the same territorial scope as the underlying UP. It is proposed that only a centralised marketing authorisation

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

AI, Deepfakes And Image Rights: Does English Law Protect Your Face, Voice And Likeness?

Generative AI has created a legal vacuum where synthetic images and deepfakes can be created and shared without consent, yet English law offers no standalone "image right" to protect individuals. With celebrities like Lisa Riley and over 80 performers demanding reform, the question is whether the UK's patchwork of intellectual property, data protection, and common law protections can adequately address this rapidly evolving threat to personal autonomy and reputation.
United KingdomIntellectual Property
Mills & Reeve LLP
Mills & Reeve LLP
Article

The Sound Of Ownership: Why AI Voice Cloning Is Raising New IP Questions

As AI voice cloning technology becomes increasingly sophisticated and accessible, the Save Our Voices Now campaign calls for statutory rights allowing individuals to own and control their voice as intellectual property. This article examines whether existing UK law sufficiently protects one of our most personal and recognisable attributes, exploring copyright, trade marks, passing off, and the practical steps individuals and businesses can take.
United KingdomIntellectual Property
Ashfords LLP
Ashfords LLP
Article

High Court Clarifies The Limits Of Copyright Claims Against Online Marketplaces

The UK High Court has delivered a landmark ruling on online marketplace liability, dismissing Shein's copyright infringement claims against Temu and clarifying when platforms can be held responsible for third-party content. The judgment examines the boundaries of copyright ownership in complex supply chains and establishes important precedents for how marketplace operators should respond to infringement allegations.
United KingdomIntellectual Property
HGF Law
HGF Law
Article

The Manchester Creative Industries AI Summit – The Government's Opportunity To Set Out A Policy Direction On Copyright And AI?

Prime Minister Andy Burnham has convened the Creative Industries AI Summit in Manchester to bring together rightsholders, regulators, platforms and AI labs to align on a common approach to copyright-protected works in AI development. The Summit will unveil the 'Manchester Principles', a framework establishing minimum conditions for using human creative work to train generative AI models.
United KingdomIntellectual Property
Lewis Silkin
Lewis Silkin
Article

UPC CoA Confirms Jurisdiction Over Pending European Patent Application

The UPC Court of Appeal has confirmed that the Unified Patent Court can exercise jurisdiction over European patent applications, provided they are granted before the defendant files their statement of defence. This landmark decision means patent holders may now be locked into the UPC system even before their patents are officially granted, fundamentally changing the strategic timing considerations for opting out of UPC jurisdiction.
United KingdomIntellectual Property
HGF Law
HGF Law
Article

Omnia v Sidel Appeal Confirms: If You Intend To Opt Out, Do It Early

The UPC Court of Appeal has confirmed that actions can be commenced before a European patent application is granted, fundamentally changing the strategic calculus for patent applicants considering opt-out decisions. This ruling in Omnia v Sidel establishes that the window between publication and grant is no longer a safe period free from UPC jurisdiction risks. Patent owners who wish to avoid UPC litigation must now act swiftly after application publication to preserve their opt-out rights.
European UnionIntellectual Property
Boult Wade Tennant LLP
Boult Wade Tennant LLP
Article

The UK-Swiss Trade Deal: Boosting Innovation In Pharma And Biotech

The UK-Switzerland Free Trade Agreement introduces groundbreaking provisions for pharmaceutical and biotech innovation, establishing explicit commitments to maintain IP rights and regulatory exclusivity for medicinal products. This enhanced deal creates mechanisms for cross-border partnerships while ensuring seamless mobility of expertise between two global life sciences leaders.
United KingdomIntellectual Property
Boult Wade Tennant LLP
Boult Wade Tennant LLP
Article

Cheers! UAE Opens The Door To Trade Mark Registration For Alcoholic Beverages

The United Arab Emirates has lifted its longstanding restrictions on trade mark applications for alcoholic beverages, marking a significant shift in intellectual property policy. This development opens new opportunities for brand owners in the beverages and hospitality sectors to secure direct protection for their alcohol brands and products. The change aligns the UAE more closely with international classification standards and follows similar reforms recently implemented by Qatar.
United Arab EmiratesIntellectual Property
Boult Wade Tennant LLP
Boult Wade Tennant LLP
Article

Implementation Of The EU Design Regulation (Phase II)

The European Union Intellectual Property Office (EUIPO) is implementing significant changes to EU design registration procedures, introducing dynamic and animated representation formats alongside traditional static views. These reforms will fundamentally alter how design applicants protect their intellectual property, from expanded visual documentation options to streamlined invalidity proceedings and new amendment mechanisms for registered designs.
United KingdomIntellectual Property
Boult Wade Tennant LLP
Boult Wade Tennant LLP