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Reap what you sow! - But what about SPC squatting?

Schovsbo, Jens Hemmingsen ; Klinge, Ulla Callesen and Minssen, Timo LU (2018) In Journal of Intellectual Property Law & Practice 13(7). p.569-580
Abstract
Abstract: Despite an avalanche of recent court decisions on the European system for supplementary protection certificates (SPCs), the issue of third party SPC applications - also known as “SPC squatting” – has never been sufficiently clarified. Considering the ambiguous stipulations in the SPC Regulations, as well as the practical and theoretical significance of this issue, the lack of judicial guidance is problematic. It is important to address such situations for the sake of legal certainty and in order to enable companies to make strategic decisions. SPC squatting also involves a crucial debate about the rationales underlying the SPC system and the question whether such activities are compatible with the very goals of the Regulations.... (More)
Abstract: Despite an avalanche of recent court decisions on the European system for supplementary protection certificates (SPCs), the issue of third party SPC applications - also known as “SPC squatting” – has never been sufficiently clarified. Considering the ambiguous stipulations in the SPC Regulations, as well as the practical and theoretical significance of this issue, the lack of judicial guidance is problematic. It is important to address such situations for the sake of legal certainty and in order to enable companies to make strategic decisions. SPC squatting also involves a crucial debate about the rationales underlying the SPC system and the question whether such activities are compatible with the very goals of the Regulations. This paper provides an overview on the legal status quo with regard to SPC squatting and discusses if - and if so, under what circumstances - such practices should be considered legitimate. (Less)
Please use this url to cite or link to this publication:
author
; and
publishing date
type
Contribution to journal
publication status
published
subject
keywords
Faculty of Law, SPC, EU regulations, 3rd party applications, patent extensions
in
Journal of Intellectual Property Law & Practice
volume
13
issue
7
pages
12 pages
publisher
Oxford University Press
external identifiers
  • scopus:85076915630
ISSN
1747-1532
DOI
10.1093/jiplp/jpx229
language
English
LU publication?
no
id
bb3e43c5-380b-4f8e-a27e-f91fe999dfa5
date added to LUP
2020-12-16 14:20:33
date last changed
2022-03-26 08:32:20
@article{bb3e43c5-380b-4f8e-a27e-f91fe999dfa5,
  abstract     = {{Abstract: Despite an avalanche of recent court decisions on the European system for supplementary protection certificates (SPCs), the issue of third party SPC applications - also known as “SPC squatting” – has never been sufficiently clarified. Considering the ambiguous stipulations in the SPC Regulations, as well as the practical and theoretical significance of this issue, the lack of judicial guidance is problematic. It is important to address such situations for the sake of legal certainty and in order to enable companies to make strategic decisions. SPC squatting also involves a crucial debate about the rationales underlying the SPC system and the question whether such activities are compatible with the very goals of the Regulations. This paper provides an overview on the legal status quo with regard to SPC squatting and discusses if - and if so, under what circumstances - such practices should be considered legitimate.}},
  author       = {{Schovsbo, Jens Hemmingsen and Klinge, Ulla Callesen and Minssen, Timo}},
  issn         = {{1747-1532}},
  keywords     = {{Faculty of Law; SPC; EU regulations; 3rd party applications; patent extensions}},
  language     = {{eng}},
  number       = {{7}},
  pages        = {{569--580}},
  publisher    = {{Oxford University Press}},
  series       = {{Journal of Intellectual Property Law & Practice}},
  title        = {{Reap what you sow! - But what about SPC squatting?}},
  url          = {{http://dx.doi.org/10.1093/jiplp/jpx229}},
  doi          = {{10.1093/jiplp/jpx229}},
  volume       = {{13}},
  year         = {{2018}},
}