A niche blog dedicated to the issues that arise when supplementary protection certificates (SPCs) extend patents beyond their normal life -- and to the respective positions of patent owners, investors, competitors and consumers. The blog also addresses wider issues that may be of interest or use to those involved in the extension of patent rights. You can email The SPC Blog here

Thursday, 30 June 2016

SPC Seminar coming up soon!

Daniel Wise of Carpmaels & Ransford has written in to the Blog to say that there are a few last places available for Carpmaels’ annual “SPC Summer Review” event taking place next Thursday, 7th July 2016, from 17:30 (for a 18:00 start) at their offices in central London (One Southampton Row, WC1B 5HA).  The seminar will focus on recent CJEU and national guidance for combination product SPCs, including Actavis v Boehringer (C-577/13) and Merck Sharp & Dohme (BL O/117/16), the current approach to Neurim-style SPCs, and will provide a timely opportunity to discuss the implications for SPCs of Brexit and the Unitary Patent & Unified Patent Court.  Drinks and canap├ęs will be served afterwards.  If you would like to join, please send an email to kmm@carpmaels.com, with the subject line “I would like to attend the SPC Summer Review 2016”.  Attendance is free of charge.

Saturday, 18 June 2016

Re-launch of the European Commission's tender for a Study on legal aspects of SPCs in the EU

The European Commission's initial tender for a "Study on legal aspects of supplementary protection certificates in the EU" has had to be re-launched due to a very limited number of bids:  the new tender has a closing date of 27 July 2016. 

The study's purpose is stated as follows:
The contracted study shall evaluate whether a new European SPC title, with the current or broader scope within the field of pharmaceutical and plant protection products, with improved provisions, is required to meet the requirements of current and expected innovative market developments in the EU.

With this primary purpose, the study shall evaluate the current SPC framework in terms of its legal efficiency in meeting its stated objectives given the development of directly affected and related product markets.

It shall also suggest whether the existing SPC rules need to be recalibrated given identified limitations.

The results could serve as a basis for an impact assessment for a future proposal by the Commission to recalibrate the existing EU SPC rules.
Details of the tender can be found here.