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Brexit – What are the potential consequences for pharma patents and SPCs?

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      Abstract

      Brexit raises a number of difficult questions with regard to intellectual property rights in a post-Brexit world, particularly for UK based pharma companies. Whilst the position with regard to the current European patent system is unchanged, the fate of the unitary patent and the unified patent court remains uncertain. Of more immediate concern is the possible future position with respect to supplementary patent certificates. Should the UK fail to reach an agreement with the EU with respect to marketing authorisations for new pharmaceuticals then there is a real possibility that UK based pharma companies may find themselves in a position where they are unable to obtain EU-wide SPC protection.

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      Affiliations
      Beck Greener, Fulwood House, 12 Fulwood Place, London WC1V 6HR, United Kingdom
      Author notes
      *Corresponding author. Tel.: +44 20 7693 5600 Fax: +44 20 7693 5601 E-mail: jfraser@ 123456beckgreener.com

      Conflicts of Interest

      Jamie Fraser is an associate and James Stones is a partner at Beck Greener, a London based firm of Chartered and European Patent and Trademark attorneys.

      Journal
      BJPharm
      British Journal of Pharmacy
      University of Huddersfield Press
      2058-8356
      05 September 2017
      : 2
      : 1
      : 75-79
      10.5920/bjpharm.2017.06
      © 2017, Jamie Fraser, James Stones

      This is an open access article distributed under the terms of the Creative Commons Attribution License (CC BY) 4.0 https://creativecommons.org/licenses/by/4.0/.

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