A niche blog dedicated to the issues that arise when supplementary protection certificates (SPCs) extend patents beyond their normal life -- and to the respective positions of patent owners, investors, competitors and consumers. The blog also addresses wider issues that may be of interest or use to those involved in the extension of patent rights. You can email The SPC Blog here

Thursday 8 December 2011

[Corrected post] That elusive Explanatory Memorandum ...

This is an amended and corrected version of the post that originally went out last night.  The SPC Blog thanks Micaela Modiano (Modiano & Partners) for her help.

The SPC Blog has just received the following request from a reader who is currently doing some research into supplementary protection certificates:
"Do you know how I can find the Explanatory Memorandum to the SPC Regulation? I have searched on the internet and at eur-lex.europa.eu/LexUriServ, but cannot trace it".
Micaela writes:
"I too had difficulties finding it in the past, so I ended up writing to the Eur-Lex Helpdesk Publications Office and they sent it to me via email (at the time, the only available version was in Greek...). It is possible that despite my request they have not yet included it in the same webpage where the Greek version can be found, and this may be why the reader could not find it. I therefore attach it to this email so that the reader (and all SPC blog fans) now have it. What Eur-Lex does not do for us, we do for ourselves...".
The Explanatory Memorandum  to the Proposal for a European Parliament and Council Regulation (EC), of 11 April 1990, concerning the creation of a supplementary protection certificate for medicinal products (COM(90) 101 final - SYN 255) can now be accessed here.

I've also located the Explanatory Memorandum to the Proposal for a European Parliament and Council Regulation (EC), of 9 December 1994, concerning the creation of a supplementary protection certificate for plant protection products (COM(94) 579 final), which can be accessed here.

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