Supplementary Protection Certificates In Spain And Portugal

Author:Mr Ricardo Abrantes
Profession:Clarke, Modet & Co
 
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With case C-471/14, the Court of Justice of the European Union clarified that the relevant date to be taken into account for the calculation of the term of SPCs is the date of notification of the marketing authorization. Moreover, in Case C-492/16 issued on December 20th, 2017, the Court of Justice of the European Union clarified how SPCs granted taking into account a wrong marketing authorization date and, hence, granted for a wrong term, should be treated in view of C-471/14

Now, we inform that the SPTO has taken due note of Case C-492/16 and, hence has issued a notice pointing out its new criteria in connection with the correction of the term of the granted SPCs. The PPTO had already adopted a similar criteria in view of decision C-471/14 of the Court of Justice of the European Union for new SPC requests, but we are still waiting on the criteria that will be applied in view of the Case C-492/16 for the...

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