Will the EU’s SPC manufacturing waiver weaken European pharma’s IP?

Despite dire warnings by the US Chamber of Commerce, the impact of the EU’s SPC waiver won’t be known for years, says Paul Williams of Lewis Silkin.

The US Chamber of Commerce has published its International IP Index 2020, a map of the IP ecosystems of 53 economies, representing over 90% of global gross domestic product (GDP). The index aims to provide a snapshot of each economy’s overall IP ecosystem by evaluating its IP framework across 50 indicators, selected to represent the most effective IP systems.

Nine categories are scanned: patents, copyright, trademarks, design rights, trade secrets, commercialisation of IP assets, enforcement, systemic efficiency, and membership and ratification of international treaties.

Western European economies dominate the top 10 rankings, with the US (#1) and Japan (#6) the only exceptions. The UK ranks second, with a marginally increased score over last year, despite Brexit and (along with EU countries) a score reduction due to the introduction in July 2019 of the EU supplementary protection certificate (SPC) manufacturing waiver.