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Vol 21 No 11 Nov/Dec 2016

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Criminal Injuries Compensation Claims

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Supplementary Protection Certificates: A Handbook

Edited by: Marco Stief, Dirk Buhler

ISBN13: 9781849464864
Published: January 2016
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £170.00



In stock.

The supplementary protection certificate (SPC) prolongs the term of patents for pharmaceutical products for a maximum of five additional years, ie the certificate becomes effective at a time when the respective pharmaceutical is widely known on the market and thus generates the maximum revenue, which explains the enormous economic value of the SPC.

The SPC's legal bases are two European SPC-Regulations. The SPC is based upon European or national patents. SPCs protect some of the most valuable products in the pharmaceutical industry where each day of additional protection may be worth millions of Euros. At the same time, the requirements for obtaining such protection, the scope of protection, etc are highly disputed and have been the subject of numerous decisions of the ECJ.

This book is addressed to patent attorneys, in particular in-house and external, working for pharmaceutical companies, and attorneys-at-law specialising in patent law, especially in Europe but essentially world wide.

Subjects:
Intellectual Property Law, Medical Law
Contents:
PART I GENERALS OF THE SUPPLEMENTARY PROTECTION CERTIFICATE IN THE EUROPEAN LAW
A. Purpose, History and Legal Character of the Certificate
B. Substantive Granting Prerequisites
C. Calculation of Term
D. Subject Matter and Scope of Protection
E. Rights, Limitations and Obligations
F. Grant Procedure
G. Expiry, Invalidity and Revocation
H. Remedies

PART II SPECIALITIES IN OTHER JURISDICTIONS
I. The SPC in Germany
J. The SPC in the United Kingdom
K. The SPC in France
L. The SPC in Italy
M. The SPC in The Netherlands
N. The SPC in Switzerland

ANNEXES Annex A: Selected Decisions of the European and Swiss Case Law
A1. Court of Justice of the European Union
A2. German Courts
A3. UK Courts
A4. French Courts
A5. Italian Courts
A6. Dutch Courts
A7. Swiss Courts

Annex B: Selected Legal Sources
B1. International Treaties
B2. European Primary Law
B3. European Regulations
B4. European Directives
B5. National Law