Supplementary protection certificates. 1. The Parties recognise that medicinal and plant protection products protected by a patent on their respective territory may be subject to an administrative authorisation procedure before being put on the market. They recognise that the period that elapses between the filing of the application for a patent and the first authorisation to place the product on the market, as defined for that purpose by the relevant domestic law, may shorten the period of effective protection under the patent.
2. Each Party shall provide for a further period of protection for a medicinal or plant protection product which is protected by a patent and which has been subject to an administrative authorisation procedure, that period being equal to the period referred to in the second sentence of paragraph 1, reduced by a period of five years.
3. Notwithstanding paragraph 2, the duration of the further period of protection may not exceed five years.
(1) In the European Union this provision does not apply to modular products.
Supplementary protection certificates. 1. 31996 R 1610: Regulation (EC) No 1610/96 of the European Parliament and of the Council of 23 July 1996 concerning the creation of a supplementary protection certificate for plant protection products (OJ L 198, 8.8.1996, p. 30).
(a) The following point is added to Article 19a:
Supplementary protection certificates. At BI’s request and sole expense, Vitae shall seek to obtain, and maintain until expiry, any SPC’s based on Vitae Patents or Joint Patents, excluding those Patents assigned to BI pursuant to Section 13.1.2, for which BI shall seek to obtain, and maintain such SPCs. Alternatively, at BI’s request and sole expense, Vitae shall authorize BI to obtain SPC’s based on such Vitae Patent or Joint Patent on Vitae’s behalf and provide reasonable assistance and information therefor as well as for the Patents assigned to BI pursuant to Section 13.1.2. Where BI holds the relevant Marketing Authorization, BI shall at its sole discretion provide to Vitae a copy of said Marketing Authorization and any information necessary for the purpose of obtaining an SPC based on such Vitae Patent or Joint Patent. For clarity, BI shall reimburse Vitae for any expenses incurred by Vitae in obtaining an SPC that has been requested by BI. BI shall be responsible, at its sole expense, for obtaining SPC’s based on BI Patents, or BI Life-Cycle Patents and those Patents assigned to BI pursuant to Section 13.1.2.
Supplementary protection certificates. Community designs ...........................................................................
Supplementary protection certificates. 14.1 IN the event that BTG wishes to make any application for a Supplementary Protection Certificate or Certificates in respect of Products the Licensee shall promptly take all necessary steps to facilitate such application.
14.2 IN particular, but without limitation, the Licensee shall:
14.2.1 promptly notify BTG of the number and date of the first and any subsequent authorisation to place Products on the market in any country in which BTG may be able to apply for any extension of the Patents or Supplementary Protection Certificate;
14.2.2 promptly and free of charge provide to BTG:
14.2.2.1 a copy of every authorisation fulfilling the requirements of Article 8.1(b) of the SPC Regulation (and of any additional applicable requirements imposed by relevant national law) in respect of all Products;
14.2.2.2 additional information fulfilling the requirements of Article 8.1(c) of SPC Regulation and a copy of the notice publishing the authorisation in the appropriate official publication (and information and documents fulfilling any additional requirements imposed by relevant national law);
14.2.3 permit use of documents and information provided pursuant to this clause for the purpose of such application for a 19 Supplementary Protection Certificate or Certificates.
14.3 BTG shall be entitled to disclose any Regulatory Approval or Product Licence or any part thereof to any relevant authorities for the purposes of obtaining a Supplementary Protection Certificate in respect of the Products or any extension of the Patents.
14.4 BTG shall notify the Licensee of the grant of every Supplementary Protection Certificate in respect of Products.
14.5 BTG shall not be obliged to apply for grant of any Supplementary Protection Certificates.
14.6 FOR the avoidance of doubt the Licensee shall not be entitled to make an application for or participate in negotiations for grant of any Supplementary Protection Certificate.
Supplementary protection certificates. 14.1 THE LICENSEE shall use its reasonable endeavors to promptly take all necessary steps to facilitate LKS's application for a Supplementary Protection Certificate or Certificates and patent extensions in respect of Products.
14.2 IN particular, but without limitation, the LICENSEE shall:-
14.2.1 promptly notify LKS of the number and date of the first and any subsequent authorization to place Products on the market;
14.2.2 promptly and free of charge provide to LKS:-
14.2.2.1 a copy of every authorization fulfilling the requirements of Article 8.1
Supplementary protection certificates. 14.1 THE LICENSEE shall use its reasonable endeavors to promptly take all necessary steps to facilitate LKS's application for a Supplementary Protection Certificate or Certificates and patent extensions in respect of Products.
14.2 IN particular, but without limitation, the LICENSEE shall:-
14.2.1 promptly notify LKS of the number and date of the first and any subsequent authorization to place Products on the market;
14.2.2 promptly and free of charge provide to LKS:-
14.2.2.1 a copy of every authorization fulfilling the requirements of Article 8.1
(b) of the SPC Regulation (and of any additional applicable requirements imposed by 21 -21- relevant national law) in respect of all Products;
14.2.2.2 additional information fulfilling the requirements of Article 8.l(c) of the SPC Regulation and a copy of the notice publishing the authorization in the appropriate official publication (and information and documents fulfilling any additional requirements imposed by relevant national law)
14.2.3 permit use of documents and information provided pursuant to this clause for the purpose of such application for a Supplementary Protection Certificate or Certificates
14.3 LKS shall notify the LICENSEE of the application for and grant of every Supplementary Protection Certificate in respect of Products.
14.4 LKS shall not be obliged to apply for grant of any Supplementary Protection Certificates.
14.5 FOR the avoidance of doubt the LICENSEE shall not be entitled to make an application for or participate in negotiations for grant of any Supplementary Protection Certificate.
Supplementary protection certificates. QUEST, in its sole discretion, may seek to obtain, and maintain until expiry, any SPCs based on the LICENSED PATENTS at QUEST’s sole expense. If QUEST chooses not to seek an SPC where such SPC likely would have been granted, then QUEST’s royalty obligations to VITAE shall continue as if the term of such LICENSED PATENT had been extended.
Supplementary protection certificates. The Parties shall cooperate with each other to the extent necessary to obtain supplementary protection certificates or other extensions of the term of the Patents in any country in the Territory.
Supplementary protection certificates. 5.1 BAT may disclose any Approval to any appropriate Regulatory Authority or applicable patent office for the purpose of obtaining a supplementary protection certificate in respect of the Products, to the extent that such protection becomes available during the Term.
5.2 BAT shall promptly notify OGI of the application for and grant of every supplementary protection certificate in respect of Products.
5.3 Following consultation with OGI (via meetings of the PDC Steering Group, in the first instance, or otherwise with OGI directly), BAT shall not be obliged to apply for the grant of any supplementary protection certificates or for the extension of any Patents.
5.4 OGI may participate in negotiations with any appropriate or applicable Regulatory Authority or applicable patent office (save where, or to the extent that, such negotiations are not applicable or such participation is precluded), for the grant of any supplementary protection certificate relating to any Product, whether such negotiation is required by Law or where OGI has requested advance written consent from BAT, which shall not be unreasonably denied or delayed.
