Earlier this year, the European Commission proposed the introduction of a manufacturing exemption for SPCs. Here, Alexander Kritharidis, associate in the Life Sciences sector group at Taylor Wessing, London, who is specialising in patents law, goes into more detail…
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In May, the European Commission published its proposal to introduce a manufacturing waiver for supplementary protection certificates (SPCs). The commission’s proposal comes out of its public consultation on SPCs and patent research exemptions, in which it is also considering the creation of a European SPC title and updating the scope of the Bolar exemption, an exemption to patent infringement for activities conducted for the purpose of obtaining regulatory approval for medicinal products.