BIA comments on the no-deal SI for the SPC manufacturing waiver

The BIA has responded to a call for views on draft legislation for the Supplementary Protection Certificate (SPC) manufacturing waiver in a 'no deal' outcome.

In our submission, we said:

• The proposed approach appears to potentially reduce innovators’ intellectual property rights (IPRs) and, combined with legislation introduced earlier in 2019, has not been well received by the global life sciences industry as a result
• The Government's approach in this legislation and in earlier legislation appear to be contradictory and could be perceived as going beyond the powers conferred by the Withdrawal Act
• The Intellectual Property Office should not take the approach proposed in the consultation and should also review its approach taken earlier this year and the potential impacts on the life sciences sector
• A wider review should then be undertaken as a priority if the UK leaves the EU without a deal, to look at the UK’s IP incentives for innovation, including whether the manufacturing waiver is in the best interests of the UK’s life sciences sector