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A reader has emailed us to ask if anyone can advise as to good sources of information concerning the theory and practice relating to SPCs in Cyprus. The question did not specify any specific part of Cyprus.
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There is no available online source of information on SPCs in Cyprus. Here is some general information on SPCs under Cyprus Law:
1. The relevant statutory provisions relating to SPCs for medicinal products can be found in Part VIII of the Cyprus Patents Law No. 16(I)/98 (as amended).
Pursuant to s. 32 of the Law, a certificate shall be granted if, at the date of that application:
(a) The product is protected in Cyprus by a basic patent in force;
(b) a valid authorization to place the product on the market as a medicinal product has been granted;
(c) the product has not already been the subject of a certificate
(d) the authorization referred to in (b) is the first authorization to place the products on the market as a medicinal product.
S. 36 of the Law provides as follows:
36(1) The application for a certificate shall be filed within six months of the date on which the authorization referred to in section 32(b) to place the product on the market as a medicinal product was granted.
(2) Notwithstanding subsection (1) of this section, where the authorization to place the product on the market is granted before the basic patent is granted, the application for a certificate shall be filed within six months of the date on which the patent is granted.
Note: The aforementioned six months deadline is a strict one and cannot be extended.
2. Filing Requirements
The SPC application must be filed by a Cyprus attorney and the following information and documents are required:
(a) An Authorisation of Agent duly executed in favour of the filing agent
(b) The Number and Title of the main patent.
(c) A copy of the first Authorisation to place the product on the market as a medicinal product, specifying the relevant product, the date and number of the Authorisation and a summary of the characteristics of the product.
3. No substantive examination
The Registrar examines whether the SPC application meets the conditions laid down in the Law but does not conduct a substantive examination of the application.
Pursuant to s. 35, the certificate shall be granted to the holder of the basic patent or his successor in title.
4. Duration of the SPC
s. 42 of the Law provides as follows:
42(1) The certificate shall take effect at the end of the lawful term of the basic patent for a period equal to the period which elapsed between the date on which the application for a basic patent was filed and the date of the first authorization to place the product on the market reduced by a period of five years
(2) Notwithstanding the provisions of subsection (1) of this section, the duration of the certificate may not exceed five years from the date on which it takes effect.
5. No Opposition procedure
There is no procedure for opposing an application for the grant by the Registrar of Patents of a SPC. However, any person may file before the competent Court an application for a declaration of invalidity of a SPC. The grounds of invalidity are, pursuant to s. 44 of the Law the following:
(a) The SPC was granted contrary to the provisions of s.32 of the Law (see 1 above)
(b) The basic patent has lapsed before its lawful term expires
(c) The basic patent is revoked or limited to the extent that the product for which the certificate was granted would no longer be protected by the claims of the basic patent or, after the basic patent has expired, grounds for revocation exist which would have justified such revocation or limitation.
Eleni Chrysostomides
Alexandros Georgiades
Dr. K. Chrysostomides & Co LLC
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