Corporation Tax Act 2010 section 357BBA

Rights to which this Part applies: EU rights

Section 357BBA identifies which EU-related intellectual property rights qualify under the Patent Box regime, covering EU supplementary protection certificates, Community plant variety rights, and certain products benefiting from EU marketing protection or EU data protection.

• The qualifying EU rights are EU supplementary protection certificates (for medicinal or plant protection products) and Community plant variety rights granted under Council Regulation (EC) No 2100/94.
• A person holding an EU marketing authorisation for a product that benefits from EU marketing protection or EU data protection is treated as holding a qualifying right for Patent Box purposes.
• EU marketing protection arises where specific EU regulations or directives prohibit the marketing of generic versions or otherwise protect the product, while EU data protection arises where the product benefits from data exclusivity or restrictions on referencing test or trial results under the relevant EU directives and regulations.
• The Treasury has the power to amend the section by regulations to update the circumstances in which a product benefits from EU marketing or data protection, and to update references to EU legislation following any EU legislative changes.

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