SPCs for human and veterinary medicinal products, as well as for plant protection products, became available in Romania upon accession to the EU on January 1, 2007, under EU legislation.
Supplementary Protection Certificates (SPCs) for human and veterinary medicinal products, as well as for plant protection products, became available in Romania upon accession to the EU on January 1, 2007, under EU legislation. Almost 150 SPC applications have been examined by the Patent Office (PTO) and the majority have been granted.
However, the procedure has not always gone smoothly. SPC applications for medicinal products placed on the Romanian market before the entry into force of the national law implementing the Council Directive 65/65/ EEC have been rejected by the Examining Division of the PTO.
The originators appealed against these decisions before the Boards of Appeal, which maintained the solution. The Bucharest Tribunal admitted all the appeals against the relevant PTO decisions. The PTO filed second appeals with the court of second instance against some of the decisions, but they were all dismissed.
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SPC, jurisprudence
