Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Retained EU law definition

What does Retained EU law mean? Retained EU law refers in UK legal practice to the EU-derived legislation, rights and case law that were preserved and converted into domestic law when the European Communities Act 1972 was repealed at the end of the Brexit transition (31 December 2020). It is a statutory term created by the European Union (Withdrawal) Act 2018, as amended by the European Union (Withdrawal Agreement) Act 2020. It covered: (i) EU regulations and decisions taking effect as retained direct EU legislation; (ii) UK regulations and Acts made to implement EU directives (EU-derived domestic legislation); and (iii) directly effective EU rights and CJEU...

UK SPCs and paediatric extensions for medicinal and plant protection products: regime, applications, duration, manufacturing waiver, and leading CJEU/UK case law post‑Brexit and under the Windsor Framework

Published by a LexisNexis Life Sciences expert

Practice notes

This Practice Note introduces supplementary protection certificates (SPCs) and paediatric extensions (PEs) in the UK. It outlines the reasons for their creation, when and how to apply, and how long they run. It also reviews leading rulings on SPCs from the courts of England and Wales, together with UK Intellectual property Office (IPO) guidance on SPC procedure...

It further surveys numerous references to the Court of Justice on the interpretation of Regulation (EC) 469/2009 and Regulation (EC) 1610/96, which regulate SPCs for medicinal products and plant protection products within the EU (and, before Brexit, in the UK). The resulting Court of Justice decisions have defined the scope of SPC protection across the EU and the UK. For guidance on whether Court of Justice rulings bind UK courts, see Practice Note: Assimilated law—Assimilated case law. For a discussion confined to the EU SPC regime, see Practice Note: Supplementary protection certificates and paediatric extensions—EU...

Supplementary protection certificates (SPCs)

What is an SPC?

An SPC prolongs the protection provided by a patent for a specific plant protection or medicinal product by up to five years, subject to certain conditions...

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Nicole Jadeja

Pinsent Masons

I am an IP litigator specialising in patent litigation in the life sciences sector. Having graduated with a science degree, I spent several years working in clinical trials in the pharmaceutical industry, before qualifying as a lawyer. Whilst I have litigated all types of IP, my experience in recent years has been litigating for pharmaceutical companies. As well as being an experienced litigator in the UK Courts and the European Patent Office, I have experience of litigating in the Court of Justice of the European Union having worked on two seminal cases which were referred to this Court, one concerning SPCs and one concerning counterfeit goods in transit. I frequently advise on multi-jurisdiction patent disputes, co-coordinating litigation in various European and other jurisdictions. I am Vice Chair of the IP Committee of the BioIndustry Association and a member of the Life Sciences Committee of the...

Christopher Leung

Fieldfisher

Christopher is an Associate in the IP Protection and Enforcement Group at Fieldfisher. His experience spans a broad range of IP rights including patents and SPCs, trade marks, copyright, database rights and domain names. Christopher has a particular interest in litigation in the life sciences field and has experience of patent and SPC proceedings before the UK Intellectual Property Office, Patents Court, Court of Appeal and Court of Justice of the European Union, including acting as lead assistant in Sandoz Ltd & Anor v G.D. Searle LLC & Anor and Master Data Center, Inc. v The Comptroller General of Patents. Christopher also advises clients on the management of their global trade mark portfolios and the enforcement of their soft IP rights, and has acted in various high profile soft IP disputes including Karen Millen v Karen Millen Fashions Ltd & Anor (trade marks) and 77m Ltd v...

Web page updated on 22/05/2026

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