Source: All England Reporter
Publisher Citation: [2010] All ER (D) 147 (Nov)
Court: Court of Justice of the European Union (Second Chamber)
Judge:

Judges Cunha Rodrigues (President), Arabadjiev, Rosas, O Caoimh and Lindh (Rapporteur)
Judgment Dates: 11 November 2010

Catchwords

European Union - Patent - Supplementary Protection Certificates (SPC) - Plant protection products - Respondent obtaining provisional marketing authorisation for herbicide - SPC granted in respect of herbicide based on provisional marketing authorisation - Respondent subsequently obtaining definitive marketing authorisation for herbicide - Applicant seeking annulment of SPC - Applicant contending European legislation not permitting SPC to be granted on basis of provisional marketing authorisation - Interpretation of relevant legislation - Council Directive 91/414, arts 4, 8 - Parliament and Council Regulation (EC) 1610/96, art 3(1). 

The Case

European Union Patent. The Court of Justice of the European Union held that art3(1)(b) of Parliament and Council Regulation (EC) No 1610-96 (concerning the creation of a supplementary protection certificate for plant protection products) had to be interpreted as not precluding a supplementary protection certificate from being issued for a plant protection product in respect of which a valid marketing authorisation had been granted pursuant to art8(1) of Directive (EEC) 91-414 (concerning the placing of plant protection products on the market), as amended.

Practice Areas

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