Annexes to COM(2023)223 - Supplementary protection certificate for plant protection products (recast) - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2023)223 - Supplementary protection certificate for plant protection products (recast). |
|---|---|
| document | COM(2023)223  |
| date | April 27, 2023 |
4Council conclusions on intellectual property policy of 10 November 2020: https://www.consilium.europa.eu/media/46671/st-12750-2020-init.pdf.
5European Parliament, Committee on Legal Affairs, Report on an intellectual property action plan to support the EU’s recovery and resilience (2021/2007(INI)): https://www.europarl.europa.eu/doceo/document/A-9-2021-0284_EN.html.
6Case C-58/08 ECLI:EU:C:2010:321.
7 https://ec.europa.eu/docsroom/documents/29464
8https://ec.europa.eu/docsroom/documents/29524
9https://op.europa.eu/en/publication-detail/-/publication/94cb20ea-2ff0-11ed-975d-01aa75ed71a1/language-en
10More precisely, filed with the competent industrial property office of the Member State concerned, unless another authority was designated for that purpose.
11For a full list of cases, see Table 5.5. of the second MPI study.
12Further clarifications are, however, necessary in certain areas as indicated by two referrals in 2022, cases C-119/22 and C-149/22.
13Where the related basic patent or the SPC itself has not been opted-out from the competence of the UPC and where no action has already been brought before a national court (as far as those Member States in which the patent has unitary effect are concerned).
14OJ C […], […], p. […].
15OJ C […], […], p. […].
16Regulation (EC) No 1610/96 of the European Parliament and of the Council of 23 July 1996 concerning the creation of a supplementary protection certificate for plant protection products (OJ L 198, 8.8.1996, p. 30).
17See Annex I.
18Regulation (EC) No 469/2009 of the European Parliament and of the Council of 6 May 2009 concerning the supplementary protection certificate for medicinal products (OJ L 152, 16.6.2009, p. 1).
19Opinion of the European Parliament of 15 June 1995 (OJ C 166, 3. 7. 1995, p. 89), common position of the Council of 27 November 1995 (OJ C 353, 30. 12. 1995, p. 36) and decision of the European Parliament of 12 March 1996 (OJ C 96, 1. 4. 1996, p. 30).
20Regulation (EU) No 1257/2012 of the European Parliament and of the Council of 17 December 2012 implementing enhanced cooperation in the area of the creation of unitary patent protection (OJ L 361, 31.12.2012, p. 1).
21Regulation (EU) 2017/1001 of the European Parliament and of the Council of 14 June 2017 on the European Union trade mark (OJ L 154, 16.6.2017, p. 1).
22Regulation of the European Parliament and of the Council on the unitary supplementary protection certificate for plant protection products [COM(2023) 221].
23Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission on Better Law-Making (OJ L 123, 12.5.2016, p. 1).
24Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
25Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39).
26Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC (OJ L 309 24.11.2009, p. 1).
27Convention on the Grant of European Patents of 5 October 1973, as revised on 17 December 1991 and on 29 November 2000
28Commission Regulation (EU) No 283/2013 of 1 March 2013 setting out the data requirements for active substances, in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market (OJ L 93, 3.4.2013, p. 1).
29Regulation of the European Parliament and of the Council on the supplementary protection certificate for medicinal products [COM(2023) 231].
30Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (OJ L 145, 31.5.2001, p. 43).
31Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (OJ L 8, 12.1.2001, p. 1).
32Regulation of the European Parliament and of the Council concerning the unitary supplementary protection certificate for plant protection products [COM(2023) 221].
33Council Regulation No 1 determining the languages to be used by the European Economic Community (OJ 17, 6.10.1958, p. 385).
34Regulation (EEC, Euratom, ECSC) No 259/68 of the Council of 29 February 1968 laying down the Staff Regulations of Officials and the Conditions of Employment of Other Servants of the European Commission and instituting special measures temporarily applicable to officials of the Commission (OJ L 56, 4.3.1968, p. 1.)’
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