Subject: Estonia (EE), Patents, Date of Market Authorisation
From: "Chitrangada Singh" <[email-masked]>
To: "Patendiamet"
Date: Tue, 28 Jan 2025 12:21:30 +0200

Tähelepanu! Tegemist on välisvõrgust saabunud kirjaga.
Tundmatu saatja korral palume linke ja faile mitte avada.

Dear sir or madam,

We are a team of legal researchers working in a IP Management Company and
seek your assistance regarding Patents in Estonia (EE).

We understand that in Estonia the deadline to file for a Supplementary
Protection Certificate is 6 months from the First Marketing Authorisation
Date or the Grant Date of the patent, which ever is later.

And as per our information, On 06 October 2015, the EU Court of Justice
(CJEU) issued a judgement (C-471/14) regarding the date to be taken into
account as the date of marketing authorization. It stated that in case the
first ever marketing authorisation is issued centrally by European
Commission, the date of NOTIFICATION of the marketing authorisation by the
European Commission should be used as the base date for the purposes of
calculating duration of SPC(s), and not the date of GRANT of the marketing
authorisation.

In case, the first ever marketing authorisation is issued by local
authorities in Estonia (EE) and/or any other European Community member
country, the date of GRANT of the marketing authorisation will be used as
the base date.

Further to the above information, please let us if there has been any
changes to the practice followed by Estonia?

If the first ever marketing authorisation is issued by local authorities
in Estonia (EE) and/or any other European Community member country what
base date will be taken into account, the date of Notification of the
market authorisation or the date of Grant of the market authorisation?

Thank you for your kind assistance in advance, we look forward to hearing
from you.

We would like to receive this information as a common courtesy for the
benefit of our mutual clients.

Regards,

Chitrangada Singh

Pronouns: She/Her/Hers

Principal IP Counsel

IP Laws

Clarivate

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