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No SPCs In The UK For New Therapeutic Uses As Appeal Court Aligns With EU Ruling

 
• By Neena Brizmohun

While the UK Court of Appeal’s decision in Merck Serono v Comptroller-General will be unwelcome by innovators, it provides much-needed certainty for companies seeking – or seeking to invalidate – supplementary protection certificates based on marketing authorizations for new uses of known active ingredients.

Royal Court, London UK
The Court of Appeal has handed down its ruling in Merck Serono v Comptroller-General (Shutterstock)

A significant new court ruling confirming that UK supplementary protection certificates are still not available for second medical use claims will be disappointing news for innovators, but it has helped to clarify certain issues with respect to post-Brexit SPC law in the country.

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