Supplementary protection certificates and paediatric extensions—UK

Produced in partnership with Nicole Jadeja of Pinsent Masons and Christopher Leung of Fieldfisher
Practice notes

Supplementary protection certificates and paediatric extensions—UK

Produced in partnership with Nicole Jadeja of Pinsent Masons and Christopher Leung of Fieldfisher

Practice notes
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This 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

Nicole Jadeja
Nicole Jadeja

I am an IP litigator specialising in patent litigation in the life sciences sector. Having graduated with a science degree, I spent several years working in clinical trials in the pharmaceutical industry, before qualifying as a lawyer. Whilst I have litigated all types of IP, my experience in recent years has been litigating for pharmaceutical companies. As well as being an experienced litigator in the UK Courts and the European Patent Office, I have experience of litigating in the Court of Justice of the European Union having worked on two seminal cases which were referred to this Court, one concerning SPCs and one concerning counterfeit goods in transit. I frequently advise on multi-jurisdiction patent disputes, co-coordinating litigation in various European and other jurisdictions. I am Vice Chair of the IP Committee of the BioIndustry Association and a member of the Life Sciences Committee of the Chartered Institute of Patent Attorneys. I frequently speak at industry events, particularly on SPCs.

Christopher Leung
Christopher Leung

Solicitor, Fieldfisher


Christopher is an Associate in the IP Protection and Enforcement Group at Fieldfisher. His experience spans a broad range of IP rights including patents and SPCs, trade marks, copyright, database rights and domain names.
 
Christopher has a particular interest in litigation in the life sciences field and has experience of patent and SPC proceedings before the UK Intellectual Property Office, Patents Court, Court of Appeal and Court of Justice of the European Union, including acting as lead assistant in Sandoz Ltd & Anor v G.D. Searle LLC & Anor and Master Data Center, Inc. v The Comptroller General of Patents.
 
Christopher also advises clients on the management of their global trade mark portfolios and the enforcement of their soft IP rights, and has acted in various high profile soft IP disputes including Karen Millen v Karen Millen Fashions Ltd & Anor (trade marks) and 77m Ltd v Ordnance Survey Ltd (copyright and database rights).

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Jurisdiction(s):
United Kingdom
Key definition:
Retained EU law definition
What does Retained EU law mean?

retained EU law is a legal concept describing EU-derived rights and legislation the UK plans to preserve in UK law after Brexit. It is a defined term under EU(WA)A 2020, and the collective term given to the body of EU-derived laws the UK plans to preserve and convert into domestic UK law once the repeal of the European Communities Act 1972 comes into full effect.

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