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ARTICLE · 25 FEBRUARY 2014

IP Bulletin - February 2014

Charles Russell Speechlys LLP
Charles Russell Speechlys LLP
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Charles Russell Speechlys LLP

Charles Russell Speechlys LLP

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Recent developments in intellectual property law.

United KingdomIntellectual Property
Charles Russell'S Intellectual Property Group
Charles Russell'S Intellectual Property Group

PATENTS

CJEU considers the circumstances in which a Supplementary Protection Certificate may be granted for a plant protection product

The Court of Justice of the European Union ("CJEU") recently ruled that a SPC could not be granted for a plant protection product which was the subject of an emergency marketing authorisation authorised under Article 8(4) of the Plant Protection Product Directive.

Sumitomo Chemical Co Ltd v Deutsches Patent und Markenamt Case C-210/12, 17 October 2013

Comment

Whilst an Article 8(4) emergency marketing authorisation is not considered functionally equivalent to a full marketing authorisation, the CJEU did say that an emergency authorisation granted under Article 8(1) of the PPP Directive is considered to be the functional equivalent of a full marketing authorisation and, as such, a SPC could be granted for a patent which is the subject of this type of emergency marketing authorisation.

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