A Union compulsory licence concerning a patent should extend to the supplementary protection certificate where such certificate takes effect after the expiry of the patent, during the duration of that compulsory licence, and where the supplementary protection certificate covers the crisis-relevant product. The Union compulsory licence should specify, where relevant, that it extends to the supplementary protection certificate. That extension would allow a Union compulsory licence concerning a patent to produce its effects where the invention is no longer protected by a patent but is protected by a supplementary protection certificate after the expiry of the patent. It should also apply to a supplementary protection certificate on its own where a Union compulsory licence is granted after the expiry of the patent.
Text as published in the Official Journal, reproduced verbatim (including any typographical quirks of the source). For the authentic version, see EUR-Lex.
