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Marketing prior to Directive 6565 authorisation precludes SPC, rules the ECJ
- Herbert Smith Freehills LLP
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- European Union, United Kingdom
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- August 1 2011
On 28 July the ECJ handed down two rulings primarily concerning the interpretation of Article 2 of Regulation 176892 (the Supplementary Protection Certificate Regulation, now replaced by 4692009EC
The Advocate General (AG) provides guidance on supplementary protection certificates (SPCs) for combination products
- Herbert Smith Freehills LLP
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- European Union, United Kingdom
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- July 14 2011
The AG has opined on two references from the UK on the application of the SPC Regulations (Regulation 4692009) to combination products (Medeva BV v Comptroller-General of Patents, Designs and Trade Marks (Case C-32210) and Georgetown University, University of Rochester, Loyola University of Chicago v Comptroller-General of Patents, Designs and Trade Marks (Case C-42210
The Advocate General proposes a new ground of invalidity for supplementary protection certificates (SPCs)
- Herbert Smith Freehills LLP
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- European Union
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- April 1 2011
The AG has opined on two references from the UK (Synthon BV v Merz Pharma GmbH & Co KG (Case C-19509) and Generics (UK) Ltd v Synaptech Inc (Case C-42709)) in relation to the SPC Regulations (Regulation 176892, but now consolidated in Regulation 4692009
The ECJ confirms that a supplementary protection certificate (SPC) can be granted irrespective of an existing SPC that has been granted to another patentee for the same 'product'
- Herbert Smith Freehills LLP
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- European Union, Netherlands
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- September 4 2009
The ECJ judgment in AHP Manufacturing BV v Bureau voor de Industriƫle Eigendom (Case C-48207), following a reference by the Dutch Courts, clarifies the scope of Article 3(c) of the SPC Regulations (previously, and at the time of referral to the ECJ, Regulation 176892 but now Regulation 4692009
