Description
Book SynopsisTrade Review‘The proposal for the SPC system (rather than simple patent term extension) referred to “the simplicity of the system” and called what was proposed “balanced simple transparent.” None of that proved true and, in my opinion at least, was obviously wrong at the time. Dr Roussou traces its complex history with battles between research based and generic pharma brilliantly. She valiantly attempts the impossible task of not just describing but also explaining the tortured reasoning of the CJEU on a flood of cases – which to some, me included, suggests the Court has no proper understanding of patent law (what is a “protected product”) nor regulatory law (very narrow and precise). She tackles the fuzzy interaction with competition law, the policy implications for pharma research, what’s to be done about the UPC and SPCs and where the system should go next. Not everyone will agree with her (I don’t on a number of points), but all will agree she has produced a valuable and provocative book.’ -- Sir Robin Jacob, University College London, UK
Table of ContentsContents: 1. Supplementary protection certificates for medicinal products: an introduction 2. The long road to the enactment of the SPC Regulation 3. Legal analysis of the SPC Regulation (i): the meaning of the term “protected by a basic patent” under Art. 3 (a) SPC Regulation 4. Legal analysis of the SPC Regulation (ii): the meaning of the term “product” in the light of Art. 1 (b) and 3 (d) of the SPC Regulation 5. Interaction between the SPC Regulation and the unified patent system 6. The application of competition law in cases of supplementary patent protection 7. The future of SPC regulation Bibliography Index
