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2023/0128(COD)E1st reading – Council of the EU

Supplementary protection certificate for plant protection products. Recast

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

Last active 06 Feb 2026

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What this bill does

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

This proposal recasts EU rules extending patent protection for plant protection products and adds a central EU application route for national certificates.

Who it affects

It affects makers of patented plant protection products and follow-on agrochemical manufacturers. It also affects patent holders seeking longer protection after regulatory approval delays.

Core of the proposal
  • Keeps supplementary protection certificates extending patent protection for plant protection products by up to five years.
  • Creates a centralised EUIPO application and examination route for certificates in multiple Member States.
  • Allows third-party observations, oppositions, appeals, and national validity challenges against centrally examined certificates.
  • Permits centralised applications before all national marketing authorisations are granted, if applications are pending.
Key provisions
Takes effect
The proposal states centralised-application rules apply one year after entry into force; the exact entry-into-force article is not supplied.
Transitional law
Centralised application provisions are deferred for one year to let EUIPO implement and launch the new procedure.
Articles changed · 1 across 1 law
  • Regulation (EC) No 1610/96 (31996R1610)
    • entire act: repeals the entire regulation as part of a recast

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