The team is joined by Guest Kats Rosie Burbidge, Stephen Jones, Mathilde Pavis, and Eibhlin Vardy, and by InternKats Verónica Rodríguez Arguijo, Hayleigh Bosher, Tian Lu and Cecilia Sbrolli.

Friday, 3 November 2017

SPC consultation - call for input

Readers are alerted to the European Commission's on-going consultation on SPCs and patent research exemptions. 

Contributions are particularly sought from originators in the agrochemical and pharmaceutical sectors, EU-based generic and biosimilar industry participants and API suppliers, innovative sectors whose products require pre-regulatory authorisation but are not eligible for an SPC, national authorities, consumer organisations, and individual citizens.  So can we expect the eventual outcome to be proposals to address the "terminological mess" caused by the CJEU on SPC law? (as to which, see Mark's recent post here). Perhaps not - the consultation ostensibly has a narrower focus, with potential outcomes covering the following 3 elements:

1. The creation of a European SPC title;
2. An update of the scope of EU patent research exemptions; and
3. The introduction of an SPC manufacturing waiver.

The questionnaire is broad however, and includes the following:  "Do you agree that SPC legislation has encouraged investments for innovation in pharmaceuticals?" and "Should SPC legislation be extended to apply to additional types of pharmaceutical/health products not currently covered?"  Further information can be found here.

IPKat readers can submit their responses to the consultation in English, French or German by clicking here

The deadline for submissions is 4 January 2018.  

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