Description
Book SynopsisThe supplementary protection certificate (SPC) prolongs the term of patents for pharmaceutical products for a maximum of five additional years. The SPC's legal bases are two European SPC Regulations and the SPC is based upon European or national patents. SPCs protect some of the most valuable products in the pharmaceutical industry where each day of additional protection may be worth millions of Euros. Despite the economic relevance SPCs have obtained in recent years, there exists only limited detailed literature on the subject. German jurisprudence on SPCs is of special importance, as this has often been the basis for decisions of the European Court of Justice (ECJ) and the German market is one of the leading markets for pharmaceuticals and thus for SPCs. This book is addressed to patent attorneys - in particular in-house and external - working for pharmaceutical companies, and attorneys-at-law specialising in patent law, especially in Europe but essentially worldwide.
Table of ContentsPART I GENERALS OF THE SUPPLEMENTARY PROTECTION CERTIFICATE IN THE EUROPEAN LAW A. Purpose, History and Legal Character of the Certificate B. Substantive Granting Prerequisites C. Calculation of Term D. Subject Matter and Scope of Protection E. Rights, Limitations and Obligations F. Grant Procedure G. Expiry, Invalidity and Revocation H. Remedies PART II SPECIALITIES IN OTHER JURISDICTIONS I. The SPC in Germany J. The SPC in the United Kingdom K. The SPC in France L. The SPC in Italy M. The SPC in The Netherlands N. The SPC in Switzerland ANNEXES Annex A: Selected Decisions of the European and Swiss Case Law A1. Court of Justice of the European Union A2. German Courts A3. UK Courts A4. French Courts A5. Italian Courts A6. Dutch Courts A7. Swiss Courts Annex B: Selected Legal Sources B1. International Treaties B2. European Primary Law B3. European Regulations B4. European Directives B5. National Law
