In its effort to tackle the threat of ‘evergreening’, the CJEU has caused some uncertainty about supplementary protection certificates, as Jaap Mannaerts explains.
At the time the supplementary protection certificates (SPC) regulation was draft ed, the legislator was well aware of the risk of SPCs becoming an instrument in ‘evergreening’ tactics—the ways in which pharmaceutical patent owners use the law and related regulatory processes to extend their IP rights.
A variety of safeguards were built into the system to assure a fair balance between additional protection for the pharmaceutical companies on one hand, which was necessary to stimulate pharmaceutical research, and the public interest, which required a strict maximum duration of the supplementary protection, on the other.
While the regulation, in principle, appeared fit to accomplish a well-balanced system in the reasonably simple and transparent manner envisaged, rulings by the Court of Justice of the EU (CJEU) in the past few years have made things increasingly complicated.
Life Sciences Intellectual Property Review (LSIPR) tracks the increasing challenges for intellectual property specialists in the rapidly evolving world of life sciences. From gene patents to stem cell research, we provide the very best news and analysis.
To continue reading this article and to access 4,500+ articles, our digital magazines and special reports published for LSIPR subscribers only then you will need a subscription.
If you are already subscribed please login.
Official LSIPR subscribers include:
Allen & Overy
Arnold & Siedsma
Birch, Stewart, Kolasch & Birch LLP (BSKB)
Carpmaels & Ransford
Cooley
European Patent Office
Finnegan LLP
GH Research
Gowling WLG
George Washington Law School
HGF Limited
IQVIA
Kirkland & Ellis International LLP
Marks & Clerk
Mintz Levin
NiKang Therapeutics Inc.
Powell Gilbert LLP
Procopio, Cory, Hargreaves & Savitch LLP
Taylor Wessing
The United States Patent and Trademark Office (USPTO)
Valea AB
World Intellectual Property Office
For multi-user price options, or to check if your company has an existing subscription we can add you into for FREE, please contact Atif at achoudhury@newtonmedia.co.
If you have any technical issues please email tech support.
Biotech, threats, SPC, Medeva, CJEU