Supplementary Protection Certificates - Merck Serono SA v Comptroller
Jane Lambert Patents Court (Michael Tappin KC) Merck Serono SA v Comptroller-General of Patents, Designs and Trade Marks [2023] EWHC 3240 (Ch) (19 Dec 2023) This was an appeal by Merck Serono SA ("Merck") against Mary Taylor's refusal to grant a supplementary protection certificate ("SPC") in respect of cladribine (see Merck Serono S.A. v Comptroller 26 May 2023 BL O/0484/23)). The appeal came on before Mr Michael Tappin KC sitting as a deputy judge of the High Court on 12 Dec 2023. By his judgment in Merck Serono SA v Comptroller-General of Patents, Designs and Trade Marks [2023] EWHC 3240 (Ch) (19 Dec 2023, the learned deputy judge dismissed Merck's appeal. Supplementary Protection Certificates In Supplementary Protection Certificates I wrote: "A supplementary protection certificate ..... is an intellectual property right ("IPR") that protects the active ingredients in pharmaceutical or plant protection products. The ri...