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"Attacks on Supplementary Protection Certificates" is the title of a challenging piece in the March 2010 issue of Patent World, published ten times a year by Informa. The authors are Hiroshi Sheraton and Andrew Sharples (McDermott Will & Emery), who conclude
"The extreme complexities of the legal system underpinning the grant and validity of SPCs is highlighted by the wealth of case law originating from appeals from national patent offices. Those complexities, and the commercial importance of rights afforded by SPCs, are also giving rise to an increased number of disputes in which the validity of SPCs are being challenged independently of the validity of the underlying patent and that trend is likely to continue".
You can see the contents of the current issue of Patent World here.
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