What is a Supplementary Protection Certificate (SPC) ?
The duration of the protection by a patent is maximally 20 years. An exception is made for medicinal products or phytopharmaceutical products , since their development phase often takes so long, that the remaining period for recovering the development is too short which discourages the development of new medicinal and phytopharmaceutical products.
For a medicinal or phytopharmaceutical product that is protected by a basic patent, it is therefore possible to demand an extension of the protection duration with maximally 5 years, for which a Supplementary Protection Certificate or SPC can be granted, that stipulates the granted extension of the protection duration.
After the protection duration of a Supplementary Protection Certificate has lapsed, the duration of the protection can still be extended further with 6 months if a demand for a Pediatric Extension is filed.
The purpose of this Pediatric Extension is to make the medicinal product accessible to children, by stimulating further research into the application of it for children.
A Pedriatic Extension of an SPC can be granted after submission of :
- an accomplished and approved pediatric plan for the medicinal product;
- a copy of the European Marketing Authorisation (EMA) of the medicinal product, approved for pediatric use.
What is a design?
The novel outer appearance of a product having a utilitarian function can be protected by a so-called design application, by which an exclusive right to a specific shape is obtained.
Which design protection is possible?
Generally in Belgium, one opts for a Benelux registration, a European or an international registration, whereupon protection can be requested for other countries.
What is the importance of a design attorney?
A design attorney forms the link between the designer and the official administration and ensures an optimal design protection.
He will monitor the further procedure and deadlines in order not to endanger its validity.
He may assist you if a possible discussion and/or infringement occurs.
Names for products or services, logos, slogans, colours, sounds and the like can be protected as a trademark by a so-called trademark application, by which an exclusive right to specific products or services is obtained.