Supplementary protection certificates and paediatric extensions—UK
Produced in partnership with Nicole Jadeja of Pinsent Masons and Christopher Leung of Fieldfisher
Practice notesSupplementary protection certificates and paediatric extensions—UK
Produced in partnership with Nicole Jadeja of Pinsent Masons and Christopher Leung of Fieldfisher
Practice notesThis Practice Note provides an introduction to supplementary protection certificates (SPCs) and paediatric extensions (PEs) in the UK. It explains the rationale for their introduction, how and when to apply for them and how long they last. This Practice Note also considers the key judgments on SPCs from the courts of England and Wales and guidance on SPC procedure issued by the UK Intellectual property Office (IPO). It also discusses many references to the Court of Justice concerning the interpretation of Regulation (EC) 469/2009 and Regulation (EC) 1610/96, which govern SPCs for medicinal products and plant protection products in the EU (and, prior to Brexit, in the UK). The resulting Court of Justice decisions have shaped the scope of SPC protection in the EU and UK.
For guidance on whether judgments of the Court of Justice are binding on UK courts, see Practice Note: Assimilated law—Assimilated case law.
For a discussion focusing solely on the EU SPC regime, see Practice Note: Supplementary protection certificates and paediatric extensions—EU.
Supplementary
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