Every cloud has a silver lining: Portugal's loss may be the UK's gain
09 August 2014
Author: Mike Snodin
SCRIP Regulatory Affairs (June 2014)
This article appeared in the June 2014 edition of SCRIP Regulatory Affairs. It discusses the CJEU's ruling in case C-555/13 (Merck Canada), which ruling provides guidance on how the duration of SPCs should be calculated. That ruling has resulted in the curtailing in Portugal of term for those SPCs based upon certain "old law" patents (those having a term exceeding 20 years from filing). However, Mike argues that a flip side of the ruling ought to be not only increased harmonisation of SPC expiry dates across the EU, but also an additional day's SPC term for some SPCs in certain countries (such as the UK).