ARTICLE · 09 JULY 2018

Unitary SPC On The Horizon

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The planned the new unitary patent system does not include the creation of a ‘unitary SPC'.

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The planned the new unitary patent system does not include the creation of a 'unitary SPC'. Instead, it is anticipated that a unitary patent may be used as the basic patent for a national SPC application. However, it is becoming increasingly likely that the European Commission (EC) will introduce a unitary SPC.

The EC has recently published the results of a public consultation on SPCs and patent research exemptions ('Bolar' exemptions) . Also published were a Study and annexes on the legal aspects of Supplementary Protection Certificates in the EU by the Max Planck Institute for Innovation and Competition and a Study of the economic impact of supplementary protection certificates, pharmaceutical incentives and rewards in Europe by Copenhagen Economics.

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