5th Feb 2021
Brexit & IP: Everything you have ever wanted to know about Brexit
Brexit and intellectual property – FAQs in detail
Insights: SPCS
19th Oct 2020
Supplementary Protection Certificates (SPCs): How will the border solution between Ireland & Northern Ireland affect SPCs post-Brexit?
The United Kingdom (UK) left the European Union (EU) on 31 January 2020. It’s been business as usual during the current transition period, but all that will change from 1 January 2021 when “post-Brexit” reality dawns. We still do not know how the issue of the border between Ireland (part of the EU) and Northern Ireland (part of the UK) will be resolved post-Brexit.
5th Aug 2020
UK Intellectual Property Office (UK IPO) introduces temporary fee reductions
The UK Intellectual Property Office (UK IPO) has announced several temporary fee changes in relation to patents, supplementary protection certificates (SPCs), trade marks and registered designs. In an effort to support applicants and proprietors facing disruption due to COVID-19, the temporary fee changes waive or significantly reduce certain late payment fees, fees for obtaining extensions, and fees for reinstating or restoring lost rights. The following temporary fee changes will apply between 30 July 2020 and 31 March 2021:
10th Jul 2020
Seeing Article 3(d) with 2020 vision – revisited
On 9th July 2020, the Court of Justice of the European Union (CJEU) handed down their emphatic judgement concerning Supplementary Protection Certificates (SPCs) in Santen v INPI (C‑673/18). For those interested in the details and history of the case they can be found in my earlier blog, published in January, where I discussed the Advocate General’s preliminary and non-binding opinion. As far as this judgement is concerned the conclusion is clear: “a marketing authorisation (MA) cannot be considered to be the first MA … where it covers a new therapeutic application of an active ingredient, or of a combination of active ingredients, and that active ingredient or combination has already been the subject of an MA for a different therapeutic application” – emphasis added Put another way, the CJEU has decided that the literal wording of Articles 1(a), (b) and 3(d) of the SPC Regulation mean what they say. The previous CJEU decision in Neurim is consigned to the scrapheap.
9th Apr 2020
The slow death of Neurim – will SPCs for new indications soon be a thing of the past?
In January 2020, the Advocate General (AG) provided his opinion in Santen v INPI relating to how Article 3(d) of the SPC regulation should be interpreted. This opinion from the AG is interesting and important for two reasons. Firstly, it is trying to clear up almost 10 years of confusion that was caused by the Neurim judgement, and secondly the recommendation provided is very clear.
5th Feb 2019
Brexit and SPCs
Frequently asked questions regarding Brexit and SPCs
23rd Jan 2019
Brexit & IP: Everything you have ever wanted to know about Brexit
Brexit and intellectual property – FAQs in detail