The Court of Justice of the European Union (CJEU) has clarified when a product is ‘protected by a basic patent’ within the meaning of article 3(a) of the SPC Regulation.
In a long awaited preliminary…
Establishing a unitary SPC is one of the recommendations of the study carried out by the Max Planck Institute for Innovation and Competition for the European Commission. Either an (existing or a…
The European Commission has proposed to introduce an 'export manufacturing waiver' to Supplementary Protection Certificates (SPCs) to 'help Europe's pharmaceutical companies tap into fast-growing…
The European Commission has taken the first step towards creating a European Supplementary Protection Certificate (SPC).
A Call for Tender for a ‘Study on the legal aspects of the supplementary…
The lack of provisions on Supplementary Protection Certificates (SPCs) is seen as a major flaw in the new Unitary Patent (UP) system. Initiatives have been taken to address this issue and recently…
On 12 March 2015, the Court of Justice of the European Union ("CJEU") published the judgment announced in our last blog in Case C-577/13, in response to some of the preliminary questions referred by…
Multiple rulings of the CJEU on the SPC Regulation fail to answer questions posed by the national courts, result in greater confusion and give rise to a need for yet more references.
Introduction
In…
In this blog, we reported earlier about a new nullity action initiated in 2010 against the German supplementary protection certificate (SPC) for enantiomeric escitalopram and the judgment of the…
After the Federal Court of Justice (Bundesgerichtshof, BGH) had confirmed the validity of the German SPC for the enantiomeric escitalopram (and its underlying patent) in 2009, the Federal Patent…
