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SPCs based on third party marketing authorisations – an undeserved advantage or a legitimate interpretation of the SPC Regulation?
As a result of a recent High Court decision in the UK (2019 EWHC 388), the following question is being referred to the CJEU: “Does the SPC Regulation preclude the grant of an SPC to the proprietor of a basic patent in respect of a product which is the subject of a marketing authorisation held...
No additional protection for new formulations of old active ingredients
In March 2017, the High Court in the UK requested a preliminary ruling from the CJEU on the interpretation of Article 3(d) of the SPC Regulation (EC/469/2009). In particular, the following question was referred:- “Is Article 3(d) of the SPC Regulation to be interpreted as permitting the grant of an SPC where the marketing authorisation...