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Supplementary protection certificate for plant protection products
Supplementary protection certificate for plant protection products
Supplementary protection certificate for plant protection products
This summary has been archived and will not be updated, because the summarised document is no longer in force or does not reflect the current situation.
Supplementary protection certificate for plant protection products
The European Union is stepping up safeguards for plant protection research and innovation. It is creating a supplementary protection certificate for plant protection products granted marketing authorisation. This certificate can be obtained by the holder of a national or European patent under the same conditions in each Member State.
ACT
Regulation (EC) No 1610/96 of the European Parliament and of the Council concerning the creation of a supplementary protection certificate for plant protection products *
SUMMARY
The Regulation defines the characteristics of the supplementary protection certificate * and lays down the conditions for obtaining a certificate.
The certificate is issued for:
The certificate confers the same rights as those conferred by the basic patent and is subject to the same limitations and obligations.
The certificate is granted to the holder of the basic patent or his successor in title.
The application for a certificate must be lodged:
The Regulation provides for publication of the fact that the certificate has been granted.
Member States may require that the certificate be subject to the payment of annual fees.
The duration of the certificate may not exceed five years from the date on which it takes effect.
The certificate lapses:
The certificate is invalid if:
Any person may submit an application or bring an action for the certificate to be declared invalid.
Key terms used in the act
References
Act |
Entry into force |
Deadline for transposition in the Member States |
Official Journal |
Regulation (EC) No 1610/96 |
8.02.1997 |
- |
OJ L 198 of 08.08.1996 |
Last updated: 29.04.2005