UK and EU supplementary protection certificate law remains aligned after the latest ruling
UK and EU supplementary protection certificate law has remained aligned following the latest ruling on the issue. The result preserves continuity in the legal treatment of SPC rights and confirms that, at least on the point addressed in the ruling, there is no divergence between the two systems.
SPCs are significant because they extend protection for certain regulated products beyond the expiry of the underlying patent term. Where UK and EU law remain aligned, rights holders and practitioners can assess SPC entitlement using the same legal approach in both jurisdictions on the point decided, reducing the risk of conflicting outcomes and inconsistent filing or enforcement positions.
This alignment is legally important because divergence in SPC law could create uncertainty over the scope, duration or availability of supplementary protection across the UK and the EU. A consistent position supports legal certainty for those relying on SPC protection and for those assessing whether such protection is available, but only within the limits of the issue decided by the latest ruling.
The practical consequence is that the latest ruling does not, on the facts available, create a new split between UK and EU SPC law. The remaining position is one of continued alignment on the relevant legal question, and any future risk will depend on whether later decisions move the two regimes in different directions.
Disclaimer: This post is for general information only and does not constitute legal advice. Specific advice should be sought for your particular circumstances.
Source: https://www.pinsentmasons.com