Report: SPC Manufacturing Waiver Panel debate: Getting the Right Balance
This breakfast panel debate saw the chamber welcome Alfonso Calles-Sánchez, European Commission and Christofer Fjellner MEP, to take part in a roundtable discussion on the Supplementary Protection Certificate (SPC) Manufacturing Waiver and how it can be effective to help European businesses compete in the international world.
Many see the SPC waiver as an update of the initial SPC legislation that was introduced in 1992. The current SPC legislation prevents EU companies from manufacturing SPC protected products until the patent has fully finished. This means that they can only start the process of production the day following the expiration of the patent. However, companies outside of the EU are able to manufacture these goods before the patent runs out and sell the product straight after the patent expires, putting EU companies at a huge disadvantage. The waiver has many issues as it must protect businesses, ensure competition and tackle the issue of stockpiling.
The debate was very constructive, with both Mr Calles-Sánchez and Mr Fjellner providing strong reasoning for their opinions. Our members were able to gain a lot of valuable information and discuss lots of topics, such as stockpiling, when the waiver should be introduced, retroactivity, competition and member states’ opinions on the proposal.
Following the event, Nikos Manaras, member of our Food, Health and Consumer Task force, was kind enough to provide an insight into his experience on the day “I was very positively surprised with the level of the debate on such a niche topic. Both speakers did an amazing job presenting both the technical details but also the political underpinnings. I am very grateful that I had the opportunity to chair and moderate the discussion.”
MEP | European Parliament
Christofer Fjellner is a Swedish Member of the European Parliament, representing the Moderate Party in the EPP since 2004. He sits on the Committee on International Trade, the Committee on the Environment, Public Health and Food Safety and the Committee on Budgets. Before entering European politics, Mr Fjellner was the Chairman of the Moderate Youth. He studied Political Science and Public Finance at the University of Uppsala and the University of Lund.
Policy Officer | European Commission
Alfonso Calles-Sánchez is an Administrator - Policy Officer in the European Commission D G Internal Market, Industry, Entrepreneurship and SME's (DG GROW) where he deals with legal and policy aspects of pharmaceutical patents policy and international dossiers related to IPR.