Reap what you sow! - But what about SPC squatting?

Research output: Contribution to journalJournal articleResearchpeer-review

Standard

Reap what you sow! - But what about SPC squatting? / Schovsbo, Jens Hemmingsen; Klinge, Ulla Callesen; Minssen, Timo.

In: Journal of Intellectual Property Law & Practice, Vol. 13, No. 7, 2018, p. 569-580.

Research output: Contribution to journalJournal articleResearchpeer-review

Harvard

Schovsbo, JH, Klinge, UC & Minssen, T 2018, 'Reap what you sow! - But what about SPC squatting?', Journal of Intellectual Property Law & Practice, vol. 13, no. 7, pp. 569-580. https://doi.org/10.1093/jiplp/jpx229

APA

Schovsbo, J. H., Klinge, U. C., & Minssen, T. (2018). Reap what you sow! - But what about SPC squatting? Journal of Intellectual Property Law & Practice, 13(7), 569-580. https://doi.org/10.1093/jiplp/jpx229

Vancouver

Schovsbo JH, Klinge UC, Minssen T. Reap what you sow! - But what about SPC squatting? Journal of Intellectual Property Law & Practice. 2018;13(7):569-580. https://doi.org/10.1093/jiplp/jpx229

Author

Schovsbo, Jens Hemmingsen ; Klinge, Ulla Callesen ; Minssen, Timo. / Reap what you sow! - But what about SPC squatting?. In: Journal of Intellectual Property Law & Practice. 2018 ; Vol. 13, No. 7. pp. 569-580.

Bibtex

@article{f226dffb2e39471688044a00a0714d7b,
title = "Reap what you sow! - But what about SPC squatting?",
abstract = "Abstract: Despite an avalanche of recent court decisions on the European system for supplementary protection certificates (SPCs), the issue of third party SPC applications - also known as “SPC squatting” – has never been sufficiently clarified. Considering the ambiguous stipulations in the SPC Regulations, as well as the practical and theoretical significance of this issue, the lack of judicial guidance is problematic. It is important to address such situations for the sake of legal certainty and in order to enable companies to make strategic decisions. SPC squatting also involves a crucial debate about the rationales underlying the SPC system and the question whether such activities are compatible with the very goals of the Regulations. This paper provides an overview on the legal status quo with regard to SPC squatting and discusses if - and if so, under what circumstances - such practices should be considered legitimate.",
keywords = "The Faculty of Law, SPC, EU regulations, 3rd party applications, patent extensions",
author = "Schovsbo, {Jens Hemmingsen} and Klinge, {Ulla Callesen} and Timo Minssen",
year = "2018",
doi = "10.1093/jiplp/jpx229",
language = "English",
volume = "13",
pages = "569--580",
journal = "Journal of Intellectual Property Law & Practice",
issn = "1747-1532",
publisher = "Oxford University Press",
number = "7",

}

RIS

TY - JOUR

T1 - Reap what you sow! - But what about SPC squatting?

AU - Schovsbo, Jens Hemmingsen

AU - Klinge, Ulla Callesen

AU - Minssen, Timo

PY - 2018

Y1 - 2018

N2 - Abstract: Despite an avalanche of recent court decisions on the European system for supplementary protection certificates (SPCs), the issue of third party SPC applications - also known as “SPC squatting” – has never been sufficiently clarified. Considering the ambiguous stipulations in the SPC Regulations, as well as the practical and theoretical significance of this issue, the lack of judicial guidance is problematic. It is important to address such situations for the sake of legal certainty and in order to enable companies to make strategic decisions. SPC squatting also involves a crucial debate about the rationales underlying the SPC system and the question whether such activities are compatible with the very goals of the Regulations. This paper provides an overview on the legal status quo with regard to SPC squatting and discusses if - and if so, under what circumstances - such practices should be considered legitimate.

AB - Abstract: Despite an avalanche of recent court decisions on the European system for supplementary protection certificates (SPCs), the issue of third party SPC applications - also known as “SPC squatting” – has never been sufficiently clarified. Considering the ambiguous stipulations in the SPC Regulations, as well as the practical and theoretical significance of this issue, the lack of judicial guidance is problematic. It is important to address such situations for the sake of legal certainty and in order to enable companies to make strategic decisions. SPC squatting also involves a crucial debate about the rationales underlying the SPC system and the question whether such activities are compatible with the very goals of the Regulations. This paper provides an overview on the legal status quo with regard to SPC squatting and discusses if - and if so, under what circumstances - such practices should be considered legitimate.

KW - The Faculty of Law

KW - SPC, EU regulations, 3rd party applications, patent extensions

U2 - 10.1093/jiplp/jpx229

DO - 10.1093/jiplp/jpx229

M3 - Journal article

VL - 13

SP - 569

EP - 580

JO - Journal of Intellectual Property Law & Practice

JF - Journal of Intellectual Property Law & Practice

SN - 1747-1532

IS - 7

ER -

ID: 182652400