The biopharma industry has welcomed further reassurances from the Government over Brexit related intellectual property legislation. This concerns the impact the Statutory Instruments (SI) would have on supplementary patent certificates (SPCs).
Specifically, there was a concern with how the term of an SPC would be calculated in the SI. This SI would only come into law if the UK left the EU without a deal.
However, Lord Henley, Parliamentary Under-Secretary of State at the Department of Business, Energy and Industry Strategy (BEIS), has reassured the industry that SIs would only act as a temporary solution. He added that the Government would seek further consultation with the industry in the event that this legislation came into law.
“I have held further helpful and constructive meetings with the BioIndustry Association and the ABPI. Let me make it clear that I value those regular contacts and the insight that they bring on behalf of this important industry. I will continue to have discussions with representatives from industry and hear their perspectives as we move forward.
“The BIA and the other organisations representing pharmaceutical innovators would prefer the legislation to be changed so that the term of an SPC would be calculated based on only a UK market authorisation. They argue that the exit may lead to industry launching new pharmaceutical products later in the UK and that they may receive later market authorisation than in the rest of the EEA.” – Lord Henley, Parliamentary Under-Secretary of State BEIS
The Chief Executive of the BioIndustry Association (BIA), Steve Bates, welcomed this reassurance stating the importance of maintaining a strong intellectual property framework in the UK.
“Maintaining a strong intellectual property framework is essential if the UK wishes to have long-term sustained investment in R&D and remain a globally-attractive location for international investment.
“Any signals that the UK may not offer the same patent protection after Brexit will adversely impact the global reputation of the UK as a location for the life sciences industry.” – Steve Bates, BIA Chief Executive
Read more on how Brexit will impact market access across the UK on MAP Europe.