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Court of Appeal refers further questions on the interpretation of the SPC Regulation to the ECJ

  • Bird & Bird
  • -
  • European Union, United Kingdom
  • -
  • December 15 2009

On 10 May 2009, the High Court handed down its judgment in Generics (UK) Limited v Synaptech Inc holding that the "first authorisation to place the product on the market in the Community" in Article 13 of the EC Council Regulation 176892 (the "SPC Regulation") referred only to marketing authorisations granted in accordance with Directive 6565EEC