SPCs — We Wait In Vain For Clarity From Europe

Law360, New York (April 11, 2014, 12:24 PM EDT) -- In Europe, patent holders can obtain compensation for regulatory delays in bringing a new medicinal product to market via the award of a supplementary protection certificate (“SPC”), which provides a limited extension to the term of a patent protecting the product. The system was intended to be clear and easy to implement; the reality has been somewhat different and so more than 20 years after SPCs were first available, courts and practitioners remain unsure as to how key terms in the legislation are to be interpreted.

The latest attempts to provide clarity are three recent judgments from the Court of Justice...

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