Regulation (EC) No 816/2006 of the European Parliament and of the CouncilShow full title

Regulation (EC) No 816/2006 of the European Parliament and of the Council of 17 May 2006 on compulsory licensing of patents relating to the manufacture of pharmaceutical products for export to countries with public health problems

Article 18U.K.Safety and efficacy of medicinal products

1.Where the application for a compulsory licence concerns a medicinal product, the applicant may avail himself of:

(a)the scientific opinion procedure as provided for under Article 58 of Regulation (EC) No 726/2004, or

(b)any similar procedures under national law, such as scientific opinions or export certificates intended exclusively for markets outside the Community.

2.If a request for any of the above procedures concerns a product which is a generic of a reference medicinal product which is or has been authorised under Article 6 of Directive 2001/83/EC, the protection periods set out in Article 14(11) of Regulation (EC) No 726/2004 and in Articles 10(1) and 10(5) of Directive 2001/83/EC shall not apply.