SERTIFIKAT O DODATNOJ ZAŠTITI PREMA PROPISIMA EU I PATENTNOM PRAVU SRBIJE : Usklađenost propisa

Abstract

In the paper, the author discusses the institute of additional protection certificates for human and animal medicines and plant protection products according to EU legislation and Serbian patent law. The paper indicates that the certificate of additional protection was introduced by the institute of patent law due to the fact that, when it comes to drugs and plant protection products that are protected by a patent, they cannot be put on the market until the appropriate permission of the competent authority is obtained. As the period of examination of the novelty of the invention is extremely long and the patent as a subjective right begins to run from the date of submission of the proper application, when it comes to inventions of drugs and plant protection agents, the term of the patent is additionally shortened for the period of examination of the drug and plant protection agents. their non-harmfulness and obtaining permission to place them products into circulation. It is pointed out that the additional protection certificate is a product of the EEC member states, i.e. today's EU, which adopted the first Regulation on the introduction of additional protection certificates back in 1992. Today, the additional protection certificate for medicines and plant protection products is contained in almost all national regulations on patents. It is concluded that from the first regulation on the introduction of additional protection certificates in the EU to date, the same has been changed several times, and numerous new regulations have been adopted that very exhaustively regulate the conditions, procedure, content, duration and termination of the certificate of additional protection, all with the aim of making the institute of the certificate of additional protection as clear as possible the way. The EU Court also made its contribution in this sense with numerous rulings. It is concluded that the Serbian legislator in the field of patent law followed the legislative activity of the EU in the field of patent law, so that from the first introduction of the certificate of additional protection in the patent law of the FRY in 2004 until today, the patent law of Serbia is almost completely harmonized with the EU regulations in this field .