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ARTICLE · 01 FEBRUARY 2018

Supplementary Protection Certificates

Mishcon de Reya LLP
Mishcon de Reya LLP
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Mishcon de Reya LLP

Mishcon de Reya LLP

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In October 2017, the European Commission launched a wide-ranging consultation on a 'recalibration' of the EU regime for supplementary protection certificates and patent research exemptions.

European UnionIntellectual Property
Nina O'Sullivan
Nina O'Sullivan
David Rose
David Rose

Views sought from across industry on SPCs and patent research exemptions

In October 2017, the European Commission launched a wide-ranging consultation on a 'recalibration' of the EU regime for supplementary protection certificates and patent research exemptions. The consultation raised a number of questions, focusing in particular on three issues:

  • The creation of a European SPC title – this is in the context of the Unitary Patent as, at present, there is no scope for a Unitary SPC in the proposed Unitary Patent regime (national SPCs would be granted based on a Unitary Patent).
  • An update of the scope of EU patent research exemptions – the approach to patent research exemptions across the EU is inconsistent (with the potential for further inconsistency under the Unified Patent Court regime).

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