European Commission proposes to modify the Regulation of SCPs

Last 28.05.2018 the European Commission published a Proposal of Regulation to modify Regulation No. 469/2009 on Supplementary Protection Certificates for medicaments.

Basically, the proposal contemplates that, for SPCs granted after 3 months from the publication in the OJ of the approved Regulation, the scope of protection of said SPCs will not extend to manufacturing acts whose exclusive purpose is the exportation of the medicament to third countries or to related acts that are strictly necessary for such manufacture or exportation.

In order to benefit from this exclusion, some formal requirements will have to be met, such as informing the corresponding Patent Office of the country were manufacture is to take place in advance and marking the products destined for export with the following logo:

Marta Rodríguez

Associate | Patent Adviser - Chemistry, Materials & Pharma

Marta is an European Patent Attorney and Spanish Patent and Trademark Agent. She joined ABG in 2008 and is an associate in the Chemistry & Materials and Pharma Departments. Her practice is focused on patent prosecution and opinion work in the area of organic chemistry. Before she joined ABG, Marta completed her doctoral thesis on asymmetric synthesis at the Universidad Autónoma de Madrid (1999-2004), including a pre-doctoral stay at the University of Pennsylvania and she worked as a postdoctoral fellow on metal-catalyzed cross-coupling reactions at the Massachusetts Institute of Technology (2004-06) and as a researcher in the area of asymmetric catalysis at the Universidad Autónoma de Madrid (2007-08).