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2023/0126(COD)E1st reading – Council of the EU

Unitary supplementary protection certificate for plant protection products

With the Council of the EU, which is preparing its first-reading position.

Last active 04 Jun 2026

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What this bill does

In plain terms: what it changes and who it affects.

This bill creates a single EU-wide certificate extending patent protection for authorised plant protection products covered by a unitary patent.

Who it affects

It affects agrochemical companies developing patented plant protection products, follow-on manufacturers, and users relying on clear EU-wide protection rules for such products.

Core of the proposal
  • Creates a unitary supplementary protection certificate for plant protection products based on a unitary patent.
  • Gives the EU Intellectual Property Office central responsibility for examination, grant, opposition, appeals, invalidity and registers.
  • Allows applications where marketing authorisations are pending, with suspended effect in Member States lacking authorisation.
  • Limits protection to authorised plant protection uses and caps certificate duration at five years.
Key provisions
Takes effect
It enters into force on the twentieth day after Official Journal publication and applies from the first day of the twelfth month after entry into force.
Transitional law
Application is deferred to allow the EU Intellectual Property Office time to prepare operational procedures for granting unitary certificates.

Latest update

05 Jun 2026

The most recent development in this bill's progress.

1st reading – Council of the EU → 1st reading – Council of the EU

1st reading – Council of the EU1st reading – Council of the EU

Documents

1 recent

SourcesOEILEUR-LexEU Law Tracker