UK-EU Deal Allows For ‘Significant Divergence’ In Data Protection & SPCs

But No Sign Yet Of Intent To Differ

The agreement on trade and cooperation between the UK and the EU requires both sides to offer regulatory data exclusivity and supplementary protection certificates, but it does not specify any minimum periods of protection.

Compliance Rules Law Regulation Policy Business Technology concept. — The UK-EU deal allows divergence from current standards • Source: Shutterstock

The Trade and Cooperation Agreement (TCA) between the UK and the EU allows “potentially significant divergence from current standards” in areas such as regulatory data protection (RDP) and supplementary protection certificates (SPCs), says lawyer Mike Snodin of Park Grove IP.

There is no reason to believe either side is planning to use this flexibility to limit or expand such rights,...