AG backs negative term SPCs

摘要

On 9 June, the Advocate General of the Court of Justice of the European Union (CJEU) published his opinion on the questions referred to the GEU by the Bundespatentgericht in the case of Merck &Cov Deutsches Patent-und Markenamt. The questions are aimed at resolving the issue of whether negative or zero term Supplementary Protection Certificates (SPCs) should be permitted for the purpose of allowing companies to obtain a Paediatric Extension, and to harmonise the currently fragmented approach across European territories.