Registration

The webinar will run at 1pm BST (UK time) on Tuesday 10 June 2025. To register for your preferred webinar time (and select local time options), please select the link below:

Register for the SPC 10 June 2025 webinar

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CJEU decision

The Court of Justice of the European Union (CJEU) has issued its long-awaited judgment on how Articles 3(a) and 3(c) of the EU Supplementary Protection Certificate (SPC) Regulation are to be interpreted in the joined cases C-119/22 and C-149/22. This case relates to the interpretation of Articles 3(a) and (c) of the EU SPC Regulation, which set two of the criteria for SPC protection for an approved medicinal product in the EU. Article 3(a) requires that the product is protected by a basic patent in force; and Article 3(c) that the product has not already been the subject of an SPC.

UK Court of Appeal decision

The UK Court of Appeal has handed down its decision in the much awaited Merck Serono v Comptroller-General of Patents case [2025] EWCA Civ 45. This decision relates to the issue of whether a marketing authorisation (MA) for a medicinal product can be considered to be the “first authorisation” for that product if the product has previously been authorised for a different therapeutic use. This issue has been a key topic in the field of SPCs for many years and this decision was hotly anticipated in view of the possibility that the UK Court of Appeal could depart from previous CJEU case law in this area, as it has the power to do following Brexit.

Background and implications

The webinar will explore the background to these pivotal cases, examining the legal reasoning behind the decisions and how they align, or diverge, from previous case law. We will discuss the practical consequences for SPC strategy, including potential changes to the interpretation of key provisions, their impact on the pharmaceutical and biotech industries, and what they mean for future SPC filings in the UK and EU.

Speaker

Garreth Duncan has particular experience in obtaining supplementary protection certificates (SPCs) and other forms of patent term extension, advising clients on SPC strategies, and filing and prosecuting SPC portfolios throughout Europe on a number of important marketed pharmaceutical and plant protection products. He acts for a broad spectrum of clients, from multinationals and up-and-coming life sciences companies through to universities, spin-out and start-up companies.

Ranked as an IPSTAR and recommended by IAM Patent 1000 as a leading practitioner, Garreth has spoken at a variety of conferences on life sciences IP, and in particular on SPCs. IAM Patent 1000 writes: “Duncan matches incisive SPC knowledge with attention to detail, advocacy for clients’ positions, thoughtfulness and a willingness to embrace creative solutions”.

Why attend?

Whether you are a patent attorney, in-house counsel, or regulatory specialist, this webinar will provide essential insights into the evolving SPC landscape.