European Commission publishes guidance Notice on impact of Brexit on Supplementary Protection Certificates


The European Commission has published the following notice on 24 April 2018 concerning the impact of the UK’s departure from the European Union (“Brexit”) on the system for obtaining Supplementary Protection Certificates (SPCs). The SPC system provides for patent term extension for certain medicines and agrochemical requiring the grant of a marketing authorisation to be placed on the market in Europe. The Notice is published here.

The notice deals with the matter of how the SPC system is to work once the UK leaves the EU. 

The EU Notice sets out the immediate consequences for the remaining EU-27 member states and the EU SPC system going forward, subject to any changes that might be written into the Withdrawal Treaty.

The most recent version of the Withdrawal Agreement did not indicate any agreement over how SPCs were going to be dealt with but they were included as an issue to resolve, read the agreement here.

The UK Government has said that it will incorporate all EU law into domestic UK laws so some way of continuing the SPC system in the UK should be announced in due course. Such an incorporation of EU law will necessarily see the relevant EU SPC legislation become part of UK domestic law, read the policy paper here.

If you have any questions about this Notice or SPCs, in general, please contact Nick Bassil or your usual Kilburn & Strode advisor.