CABINET MICHÈLE LAVÉ
An Industrial Property firm, specialising in Chemistry, Pharmacy and Cosmetics Successor of Cabinet Alice de Pastors
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	Definition
The SPC is an IP right relating to the active substance of a medicinal or plant protection product. It refers to:
	a patent which protects this active substance per se, a process to obtain it, or its application and
	a marketing authorisation for a formulation containing the active substance.
It takes effect from the date of expiry of the patent and has a maximum term of five years or more (French or Italian national law).
	The different types of SPC
SPCs are lodged with and granted by each national patent office. They are governed by the European Regulation in the countries of the EU, Norway and Iceland and by a national law in Switzerland. SPCs governed by a national law were granted by certain countries of the EU before the European Regulation took effect in those countries.

	SPCs for medicinal products
	National laws applicable before the coming into force of the European Regulation
		French law 90/510
		Some 530 SPCs filed before January 1993.
		They have a maximum duration of seven years.
		They protect the active substance within the limits conferred by the claims of the patent.
		Italian law 91/349
		Some 420 SPCs filed before January 1993.
		They have a maximum duration of twenty years. (Starting in 2004 a reduction of this duration applies, in accordance with the law 2002/112).
		They protect the active substance within the limits of the protection conferred by the patent.
		Swedish law 93/1406
		Some 150 SPCs filed and granted before January 1995.
		They have a maximum duration of five years.
		They protect the active substance within the limits of the protection conferred by the patent.
		National laws applicable in some of the new countries of the EU before 1^st May 2004
		Cyprus from January 1998 (78 SPCs),
		Czech Republic from May 2000 (51 SPCs),
		Estonia from January 2000 (5 SPCs),
		Latvia from 1999 (10 SPCs),
		Lithuania from January 2002 (7 SPCs),
		Slovenia from July 2003 (14 SPCs),
		Slovakia from October 2001 (26 SPCs).
		Some 190 SPCs filed before May 2004.
		They have a maximum duration of five years.
		They protect the active substance within the limits of the protection conferred by the patent.
	European Regulation 1768/92 applicable in countries of the European Economic Area
		Since January 1993 for patents valid on 1^st January or granted after that date
		Belgium and Italy, for products which obtained a 1^st MA in the Community after 1^st January 1982,
		France, the UK, Ireland, Luxembourg and the Netherlands, for products which obtained a 1^st MA in the Community after 1^st January 1985,
		Denmark and Germany, for products which obtained a 1^st MA in the Community after 1^st January 1988,
		Since July 1994 for patents valid on 1^st January 1993 or granted after that date
		Austria, for products which obtained a 1^st MA in the Community after 1^st January 1982,
		Finland and Norway, for products which obtained a 1^st MA in the Community after 1^st January 1988,
		Since January 1995 for patents valid on 1^st January 1993 or granted after that date, or for SPCs filed under the national law but not yet granted on 1^st January 1995
		Sweden, for products which obtained a 1^st MA in the Community after 1^st January 1985,
		Since January 1998 for patents valid on 1^st January 1998 or granted after that date
		Spain, Greece, Portugal and Iceland, for products which obtained a 1^st MA in the Community after 1^st July 1997,
		Since May 2004 for patents valid on 1^st May 2004 or granted after that date
		Czech Republic, for products which obtained a 1^st MA in the Czech Republic after 1^st November 2003 (according to article 19a (a)(i) it was possible to lodge an SPC for products which obtained a 1^st MA in the Czech Republic after 10^th November 1999 within 6 months of obtaining the MA),
		Estonia, for products which obtained a 1^st MA in Estonia after 1^st November 2003 (it was possible to lodge an SPC within 6 months of the date of accession for patents granted before 1^st January 2000),
		Cyprus, for products which obtained a 1^st MA in Cyprus after 1^st November 2003,
		Latvia, for products which obtained a 1^st MA in Latvia after 1^st November 2003 (it was possible to lodge an SPC within 6 months of the date of accession for products which obtained a 1^st MA in Latvia before 1^st November 2003),
		Lithuania, for products which obtained a 1^st MA in Lithuania after 1^st November 2003 (it was possible to lodge an SPC within 6 months of the date of accession for patents filed after 1^st February 1994),
		Hungary, for products which obtained a 1^st MA in Hungary after 1^st November 2003 (it is possible to lodge an SPC within 6 months of the date of accession for products which obtained a 1^st MA in Hungary after 1^st January 2000),
		Malta, for products which obtained a 1^st MA in Malta after 1^st November 2003 (it was possible to lodge an SPC within 6 months of the date of accession for products which obtained a 1^st MA in Malta before 1^st November 2003),
		Poland, for products which obtained a 1^st MA in Poland after 1^st November 2003 (it was possible to lodge an SPC within 6 months of the date of accession for products which obtained a 1^st MA in Poland after 1^st January 2000),
		Slovenia, for products which obtained a 1^st MA in Slovenia after 1^st November 2003 (it was possible to lodge an SPC within 6 months of the date of accession for products which obtained a 1^st MA in Slovenia before 1^st November 2003),
		Slovakia, for products which obtained a 1^st MA in Slovakia after 1^st November 2003. (according to Article 19a (j) it was possible to lodge an SPC for products which obtained a 1^st MA in Slovakia after 1^st July 2000 within 6 months of obtaining the MA or within 6 months of 1^st July 2002 if the MA was obtained before 1^st July 2002).
	Some 6950 SPCs filed since January 1993 in the various countries of the EU, Norway and Iceland.
	They have a maximum duration of five years.
	They protect the active substance within the limits of protection conferred by the patent.
	Swiss law of 3^rd February 1995, applicable in Switzerland and Liechtenstein since September 1995 for patents valid on 1^st January 1993 or granted after that date, for products which obtained a 1^st MA in Switzerland after 1^st January 1982.
	Some 540 SPCs filed since September 1995.
	They have a maximum duration of five years.
	They protect the active substance within the limits of protection conferred by the patent.
	SPCs for plant protection products
		European Regulation 1610/96 (821 SPCs) applicable
		Since February 1997 in the countries of the EU but excluding Spain, Greece and Portugal,
		Since January 1998 in Spain, Greece, Norway, Portugal and Iceland,
		Since May 2004 in the new countries of the EU.
		National laws applicable in the new countries of the EU before 1^st May 2004 (5 SPCs)
		Swiss law of 9^th October 1998 applicable in Switzerland and Liechtenstein since May 1999 (80 SPCs)
	Some 900 SPCs filed since February 1997 in the various countries of the EU, Norway, Iceland and Switzerland.
	They have a maximum duration of five years.
	They protect the active substance within the limits of the protection conferred by the patent.

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