OpenLegislation

Article 2 Definitions

United Kingdom

Original text. Later amendments are not shown.

For the purposes of this Regulation, the following definitions shall apply:

  1. (1)

    ‘pharmaceutical product’ means any product of the pharmaceutical sector, including medicinal products as defined in Article 1(2) of Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to medicinal products for human usef1, active ingredients and diagnostic kits ex vivo;

  2. (2)

    ‘rights-holder’ means the holder of any patent or supplementary protection certificate in relation to which a compulsory licence has been applied for under this Regulation;

  3. (3)

    ‘importing country’ means the country to which the pharmaceutical product is to be exported;

  4. (4)

    F1“competent authority” for the purposes of Articles 1 to 11, 16 and 17 means the Comptroller-General of Patents, Designs and Trade Marks;

  5. (5)

    F2“patent” means “a patent under the Patents Act 1977;

  6. (6)

    “supplementary protection certificate” means a supplementary protection certificate issued under Regulation (EC) No 469/2009 of the European Parliament and of the Council of 6 May 2009 concerning the supplementary protection certificate for medicinal products

Annotations

Textual amendments

F1

Words in Art. 2(4) substituted (31.12.2020) by The Patents (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/801), regs. 1, 39(2); 2020 c. 1, Sch. 5 para. 1(1)

F2

Art. 2(5)(6) inserted (31.12.2020) by The Patents (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/801), regs. 1, 39(3); 2020 c. 1, Sch. 5 para. 1(1)

Footnotes

f1

OJ L 311, 28.11.2001, p. 67. Directive as last amended by Directive 2004/27/EC (OJ L 136, 30.4.2004, p. 34).