NEWS

New Managing Director

Mr. Timo Sole, M.Sc. (eng.), has been appointed as Managing Director of Leitzinger Oy as from 1 May 2007. Mr. Sole has been at Leitzinger Oy since 1986. 

Extended duration of SPC

Extended duration of supplementary protection certificate according to new EU Regulation

As of 26 January 2007, it is possible to request for a six-month extension of the duration of a supplementary protection certificate for medicinal products studied for paediatric use according to Regulation (EC) No. 1901/2006 of the European Parliament and of the Council.

Regulation (EEC) No. 1768/92 of the Council on supplementary protection for medicinal products has been amended by this new Paediatric Regulation.

The duration of a supplementary protection certificate that has been granted or shall be granted by virtue of Regulation (EEC) No. 1768/92 can, with certain preconditions, be extended by six months. The preconditions are laid down in Article 36 of the new Regulation.

An extension of the duration shall be requested at the National Board of Patents and Registration of Finland. According to Article 52 of the Paediatric Regulation:

1) Where the application for a certificate includes a request for an extension of the duration, a copy of the statement according to Article 36(1) of the Paediatric Regulation and, where necessary, proof that it has authorisations to place the product on the market of all other Member States shall be attached to the application.

2) Where an application for a certificate is already pending with the National Board of Patents and Registration, a request for an extension shall include the particulars referred to in item 1) and a reference to the application for a certificate already filed.

3) The request for an extension of the duration of a certificate already granted shall contain the particulars referred to in item 1) and a copy of the certificate already granted.

No separate fee is payable on the request. If the request concerns a certificate already granted, a fee must be paid for the entry into patent register when the request is filed.

The request for an extension of the duration of a certificate already granted shall be filed, at the latest, two years before the duration expires. However, during a transition period that expires on 26 January 2012, such a request can be filed, at the latest, six months before the duration expires.

Section 52o of the Patents Decree will be applied to the annual fees for certificates whose duration has been extended.

Expansion of the EU on January 1, 2007

The European Union will expand by two new member states, namely Bulgaria and Romania, on January 1, 2007. This means that old Community Trademark and Community Design registrations and applications will automatically enter into force also in these new member states. However, if earlier valid national rights to a corresponding mark or design exist in these member states, the holders of such rights shall maintain their rights of use. In other words, an old Community Trademark or Community Design registration extends automatically to cover the new member states, but the right of use only if no earlier national rights to a corresponding mark or design exist in these states. New Community applications filed after the expansion will cover the entire enlarged EU area.

Domains for the new .EU domain extension can be applied from the end of this year in three phases:

Sunrise Phase 1*):
Holders of community trademarks, national trademarks, trademark licensees and public bodies. This phase lasts two months.

Two months Sunrise Phase 2*):
Holders of unregistered trademarks, company names, trade names, business identifiers, distinctive titles of protected literary and artistic work and family names. This phase lasts two months after the end of Sunrise Phase 1.

General Phase 3:
Domain names registered on the first-come first-served basis. General Phase starts after the above Phases have ended.

Only the following categories of companies, organizations and individuals will be able to register a .EU domain:

a) Undertakings having their registered office, central administration or principal place of business within the European Community;
b) Organizations established within the European Community without prejudice to the application of national law;
c) Natural persons resident within the European Community

*) Registrants will have 40 days to provide proof of trademark ownership, and applications will be assessed on a first-come first-served basis.