Supplementary Protection Certificates (SPCs) allow the extension of some intellectual property rights, such as market exclusivity, once a patent expires. This is designed to compensate a company for the long time between being awarded a patent and a drug being available on the market.
UK and EU negotiators have released a joint statement confirming the situation for both new, and extending applications, for supplementary protection certificates (SPCs). It is now agreed that all SPC applications for medicinal products submitted in the UK before 31 December 2020, the date of the end of Brexit transition period, will be granted under the EU law.
The relevant EU regulations for SPCs are:
Regulation (EC) No 1610/96 of the European Parliament and of the Council of 23 July 1996
Regulation (EC) No 469/2009 of the European Parliament and of the Council of 6 May 2009