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Supplementary Protection Certificate
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A supplementary protection certificate (SPC) is an
intellectual property right similar to a patent available in European Union member
countries. Supplementary protection certificate is available for medicinal products, such
as drugs, and plant protection products, such as insecticides, and herbicides.
Supplementary protection certificates compensate for the long time needed to obtain
regulatory approval of such products
A supplementary protection certificate has a maximum life time of 5 years and comes into
force only after the corresponding patent expires. The market exclusivity cannot exceed 15
years. It may be viewed as an extension of life time of a patent, though there is
variation in rights. Seperate applications for a supplementary protection certificate must
be filed for each country.The term of a SPC depends on the date of issuance of the
first market authorisation within the EEA:
- If the first market authorisation is issued less than five years after the filing date
of the corresponding patent, no SPC is granted.
- If the first market authorisation is issued more than five years but less than ten years
after the filing date of the corresponding patent, a SPC is granted for a term
corresponding to the period elapsed between the five-year point and the market
authorisation issuance date.
- If the first market authorisation is issued more than ten years after the filing date of
the corresponding patent, a SPC is granted for a five-year term.
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