Article 5 Effects of the certificate

United Kingdom

F1(1.)

Subject to Article 4 F2and paragraphs 2 and 3, the certificate shall confer the same rights as conferred by the basic patent and shall be subject to the same limitations and the same obligations.

F3(2.)

The protection conferred by a certificate in accordance with paragraph 1 shall extend only to the territory in respect of which a valid GB or NI authorisation has been issued and the authorisation—

(a)

is the first authorisation for the product in the territory in accordance with Article 3(1)(b) and (d), and

(b)

has been issued before the certificate takes effect in accordance with Article 13(1).

(3.)

Where after the submission of an application for a certificate in accordance with Article 7 and before the certificate takes effect in accordance with Article 13(1), a GB or NI authorisation is granted in respect of the same product and the authorisation would have met the requirements of Article 3(b) and (d) had it been granted on the date of submission of the application, the protection conferred by a certificate in accordance with paragraph 1 shall extend to the territory of England and Wales and Scotland or the territory of Northern Ireland as the case may be.

Annotations

Textual amendments

F1: Art. 5 renumbered as Art. 5(1) (31.12.2020) by The Supplementary Protection Certificates (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1471), reg. 1(2), Sch. para. 4(a) (with reg. 7)
F2: Words in Art. 5(1) inserted (31.12.2020) by The Supplementary Protection Certificates (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1471), reg. 1(2), Sch. para. 4(b) (with reg. 7)
F3: Art. 5(2)(3) inserted (31.12.2020) by The Supplementary Protection Certificates (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1471), reg. 1(2), Sch. para. 4(c) (with reg. 7)