Abstract
On July 25th 2018, the Court of Justice of the European Union (CJEU) rendered its decision in C-121/17 Teva v Gilead , and thereby delivered yet another judgement on the interpretation of crucial provisions in the Regulation No 469/2009 concerning supplementary protection certificates (SPCs) for medicinal products (the SPC regulation). This time the CJEU attempted to clarify the meaning of article 3(a) of the SPC regulation.
Article 3 (a) requires that the “product” that is the subject of the SPC must be “protected by a basic patent in force”. Notwithstanding its central significance for SPC applicants, patent offices, attorneys and Courts, it has for many years not been clear what is exactly protected by a basic patent for SPC purposes, especially in applications where protection is sought for a combination of active ingredients of the medicinal product.
To bring some clarity into these murky waters, a series of referrals for preliminary rulings have reached the CJEU in recent years under the Article 267 TEU procedure. This paper discusses C-121/17 Teva v Gilead, which presents the most recent decision by the CJEU in these matters..
Article 3 (a) requires that the “product” that is the subject of the SPC must be “protected by a basic patent in force”. Notwithstanding its central significance for SPC applicants, patent offices, attorneys and Courts, it has for many years not been clear what is exactly protected by a basic patent for SPC purposes, especially in applications where protection is sought for a combination of active ingredients of the medicinal product.
To bring some clarity into these murky waters, a series of referrals for preliminary rulings have reached the CJEU in recent years under the Article 267 TEU procedure. This paper discusses C-121/17 Teva v Gilead, which presents the most recent decision by the CJEU in these matters..
| Originalsprog | Engelsk |
|---|---|
| Tidsskrift | European Pharmaceutical Law Review |
| Vol/bind | 2 |
| Udgave nummer | 3 |
| Sider (fra-til) | 169-173 |
| Antal sider | 5 |
| ISSN | 2511-7157 |
| Status | Udgivet - 2018 |