Source: All England Reporter
Publisher Citation: [2012] All ER (D) 193 (Oct)
Neutral Citation: [2012] EWHC 2840 (Pat)
Court: Chancery Division, Patents Court

Arnold J

Representation Mark Hoskins QC and Kelyn Bacon (instructed by Bristows) for the claimant.
  Charlotte May (instructed by the Treasury Solicitor) for the Comptroller-General of Patents, Designs and Trade Marks.
Judgment Dates: 19 October 2012


Patent - Application - Supplementary Protection Certificate (SPC) - Claimant company seeking SPC - Defendant granting SPC by reference to Swiss marketing authorisation - Claimant appealing on basis SPC should be granted on basis of European marketing authorisation - Parties seeking reference of issues to Court of Justice for European Union - Whether issues should be referred - Council Directive (EC) 2001/83 - Regulation (EC) 726/2004 - Regulation (EC) 469/2009, art 2, 13(1).

The Case

Patent Application. Three questions were referred to the Court of Justice for European Union concerning a supplementary protection certificate for a medicinal product under a patent.

Practice Areas

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