Waiving goodbye to SPC rights
01-03-2016
GreenBelka / Shutterstock.com
Legislative developments surrounding supplementary protection certificates in the EU are moving fast, and may be catching on as far afield as Australia. Gareth Morgan of Olswang explains more.
In an article in March I highlighted that the supplementary protection certificate (SPC) regime in the EU is currently coming under scrutiny in terms of its industry sector application and the scope of the right that is granted. Recent events have progressed each of these initiatives and it is therefore necessary to update the article. The current legislative activity in the EU is also reviving discussion around similar provisions in other countries around the world.
I previously detailed the progress made on two aspects of SPC legislative development: (i) the tender for a research project that had been issued by the European Commission; and (ii) the moves afoot to dilute the SPC right through the introduction of a waiver in relation to manufacture for export during the SPC term.
On the first of those initiatives, the Commission did not get any suitable responses to its first call for tenders and presumably had to accept that the research project it was proposing could not be completed in the time and/or budget that had been proposed. The Commission then issued a revised proposal with a further call for tenders to take on a modified version of the research project. The new tender has a closing date of July 27, 2016 and the full documentation can be found on the e-tendering website used by European institutions.
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.
Gareth Morgan, Olswang, SPC, patent, patent term, export waiver, medical use, supplementary protection certificate, EU, Australia,