The following IP guidance note Produced in partnership with Nicole Jadeja and Chris Leung, Fieldfisher provides comprehensive and up to date legal information covering:
On 31 January 2020, the UK ceased to be an EU Member State and entered an implementation period during which it continues to be treated by the EU as a Member State for many purposes. As a third country, the UK can no longer participate in the EU’s political institutions, agencies, offices, bodies (except to the limited extent agreed), but it continues to be subject to EU law and must submit to the continuing jurisdiction of the Court of Justice of the EU in accordance with the transitional arrangements in Part 4 of the Withdrawal Agreement. For further reading, see: Brexit—Life Sciences and News Analysis: Brexit Bulletin—key updates, research tips and resources.
A supplementary protection certificate (SPC) extends the protection conferred by a patent to a particular plant protection or medicinal product by up to five years, provided certain conditions are met (see: Conditions for obtaining an SPC below). It does not extend the patent term in relation to products outside the scope of the SPC, and is not, therefore, a ‘patent term extension’ as such.
An SPC is a national right and therefore provides protection only in the Member State in which it has been granted.
The rights granted by an SPC in relation to the protected product are the same
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.