Meet the Co-chairs - TAGLAW
Coblentz, Patch, Duffy & Bass LLP
Kvale's Life Sciences Team has issued a new newsletter with important healthcare and life sciences updates in Norway.
Included in the newsletter:
Contact: Rainer Herzig; Preslmayr Rechtsanwälte (Austria)
Article 13(1) of the EU Supplementary Protection Certificate (SPC) Regulation (469/2009)(1) provides that an SPC will take effect at the end of the lawful term of a basic patent for a period equal to that which elapsed between the date on which the basic patent application was lodged and the date of the first authorisation to place the product on the market, reduced by five years. Article 13 neither clearly indicates whether the rule for calculating the period of exclusivity conferred by an SPC is governed by the procedural law of the member state concerned or solely by the provision nor whether the period counts from the date of adoption or the date of notification of the marketing authorisation. Although there is only a small timespan between these two dates, the economic impact of this difference is substantial.