SPC regime, which dates back to 1992, has the relatively
straightforward and uncontroversial purpose of extending
protection for pharmaceutical (and some other) products whose
launch is delayed by the regulatory process.
However, its application in practice has been complex, with
many cases generating questions over the definition, scope and
term of SPCs, as well as their application in different EU
Because the regime is based on an
EU Regulation, national courts have had to refer many of
these questions to the Court of Justice of the EU in the hope
of getting a clear ruling. Unfortunately, that hope has not
always been fulfilled, leading to continuing uncertainty for
many in the industry.
on June 23, which starts at 5pm London time, will feature Mike
Gilbert and Angus Fairbairn of specialist IP firm Marks &
Clerk and Dr Jocelyn Man of Gilead Sciences, and I will be
The speakers will briefly set out the background to the SPC
regime, before discussing the latest decisions from the CJEU
and other open issues. These include questions such as: what
does "protected by a basic patent" mean? And what is "active
ingredient"? Jocelyn will also be able to provide a perspective
from industry on the value of SPCs and the kinds of issues that
pharma companies face.
In an industry where sales of blockbuster products can be
counted in the millions of dollars per day,
understanding the latest law on SPCs is vital for both
originator and generic companies, so I’m sure this
webinar will be of interest to all those in the industry around
the world, as well as those who advise them in Europe and
Like all our webinars, you can easily view and listen from
your desk (or anywhere with an internet connection) and there
will be opportunities to ask questions of the speakers too. The
webinar will last about one hour and if you can’t
make next Tuesday, you can listen again at any convenient time.
is free, but must be done in advance.