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.
Insights: Supplemental Protection Cerificate
Robin Ellis in our Munich office discusses some of the highlights of the newly introduced SPC manufacturing waiver.
Brexit and intellectual property – FAQs in detail