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Chapter Summary

Art. 33 of the trade-related aspects of intellectual property rights (TRIPS) Agreement stipulates that "the term of protection shall not end before the expiration of a period of twenty years counted from the filing date.&t; Article 33 of the TRIPS agreement identifies the earliest possible date for the end of patent protection, but not the date of grant of a patent. Because the provision ties in with the date of filing and does not contain specific regulations relating to the calculation of time limits. Members are not bound to compensate for delays, for instance, in the examination process of the application or in the marketing approval of the products. Article 33 does not regulate further terms of protection existing independently of the patent, such as the supplementary protection certificate (SPC).

Keywords: filing date; supplementary protection certificate (SPC); terms of protection; TRIPS Agreement

10.1163/ej.9789004145672.i-910.220
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dcterms_subject,pub_keyword
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