Appeal from rejection of an application for a supplementary protection certificate in relation to a European Patent on the basis that the product the subject of the application was not ‘protected’ by the Patent within the meaning of the Article 3(a) of the Regulation. Citations: [2008] EWHC 1902 (Pat) Links: Bailii Statutes: Council Regulation (EEC) … Continue reading Re Council Regulation (EEC) No 1768/92: PatC 31 Jul 2008
Judges: Mr John Baldwin QC Citations: (2009) 32(9) IPD 32066, [2009] EWHC 1112 (Ch), [2010] RPC 5 Links: Bailii Jurisdiction: England and Wales Intellectual Property Updated: 18 August 2022; Ref: scu.415976
ECJ Appeals – Competition – Abuse of dominant position – Market in anti-ulcer medicines – Abuse of procedures relating to supplementary protection certificates for medicinal products and of marketing authorisation procedures for medicinal products – Misleading representations – Deregistration of marketing authorisations – Obstacles to the marketing of generic medicinal products and to parallel imports … Continue reading Astrazeneca Ab v European Commission, European Federation Of Pharmaceutical Industries And Associations: ECJ 6 Dec 2012
IPO An application for a paediatric extension of granted certificate SPC/GB/95/010 was filed. The preliminary view of the examiner was that this application did not meet the requirements of Article 8(1)(d)(i) of Regulation (EEC) No. 1768/92 as it did not include a copy of the statement of compliance with an agreed completed paediatric investigation plan … Continue reading E I Du Pont De Nemours Co, Inc (Patent): IPO 9 Apr 2009
IPO Supplementary Protection Certificate number SPC/GB/01/013 in the name of Massachusetts Institute of Technology (MIT) (‘the holder’) had been granted contrary to the conditions laid down by Article 3 of Council Regulation (EEC) No. 1768/92 (‘the Regulation’). The holder was informed that this granted certificate was considered to be invalid under Article 15(1)(a) of the … Continue reading Massachusetts Institute of Technology (Mit) (Patent): IPO 20 Feb 2009
IPO A combination of active ingredients emodepside and praziquantel, referred to as Profender (RTM), was the subject of supplementary protection certificate (SPC) application number SPC/GB/06/002 (‘the application’). The marketing authorisation on which the application is based is for the combination product emodepside and praziquantel. However, the patent on which the application is based clearly discloses … Continue reading Astellas Pharma Inc (Patent): IPO 20 Feb 2009
IPO Supplementary Protection Certificates – The co-applicants provided authorisations granted in Switzerland in support of their applications but reasoned that these authorisations extended to Liechtenstein and not the rest of the community such that the period of the certificates determined by Article 13(1) should not be calculated on the basis of these authorisations. This was … Continue reading Novartis Ag and Universtiy College London; Novartis Ag and Institute of Microbiology and Epidemiology (Patent): IPO 12 Feb 2003
Regulation (EEC) No 1768/92 – Medicinal products – Supplementary protection certificate – Transitional arrangements – Successive authorisations as a veterinary medicinal product and a medicinal product for human use. Citations: C-31/03, [2004] EUECJ C-31/03 Links: Bailii Jurisdiction: European Licensing Updated: 29 August 2022; Ref: scu.219029
ECJ (Opinion) Regulation (EEC) No 1768/92 – Medicinal products – Supplementary protection certificate – Act of Accession to the European Union of the Republic of Lithuania -Measurements transient for the Republic of Lithuania dedicated toward obtaining drugs in that State a national release on the market – Derogation from the time-limit referred to in Article … Continue reading Kirin Amgen v Lietuvos Respublikos valstybinis patentu biuras: ECJ 25 Feb 2010
ECJ Statement of questions referred (Patents) Citations: [2009] EUECJ C-195/09 Links: Bailii Citing: Reference From – Synthon Bv v Merz Pharma Gmbh and Co Kgaa PatC 2-Apr-2009 . . Cited by: Statement of questions – Synthon v Merz Pharma Gmbh and Co Kg ECJ 31-Mar-2011 ECJ Opinion – Regulation No 1768/92 – Supplementary protection certificate … Continue reading Synthon v Merz Pharma Gmbh and Co Kg: ECJ 15 Aug 2009
ECJ Patent law – Medicinal products – Regulation (EEC) No 1768/92 -Supplementary protection certificate for medicinal products – Concept of – combination of active ingredients. Citations: [2006] EUECJ C-431/04 Links: Bailii Statutes: Regulation (EEC) No 1768/92 European, Intellectual Property Updated: 06 July 2022; Ref: scu.241479
ECJ Council Regulation (EEC) No 1768/92 – Medicinal products – Supplementary protection certificate – Articles 15 and 19 – Validity of Article 19 – Concept of first authorisation to place . . on the market in the Community – Legal effects of non-compliance with the relevant date referred to in Article 19. Citations: C-127/00, [2003] … Continue reading Hassle AB v Ratiopharm GmbH: ECJ 11 Dec 2003
Medicinal products for human use – Supplementary protection certificate – Regulation (EC) No 469/2009 – Article 3 – Conditions for obtaining a supplementary protection certificate – Medicinal product having obtained a valid marketing authorisation – First authorisation – Product successively authorised as a veterinary medicinal product and a human medicinal product Citations: [2012] EUECJ C-130/11, … Continue reading Neurim Pharmaceuticals (1991) Ltd v Comptroller-General of Patents: ECJ 19 Jul 2012
(Order) Medicinal products for human use – Supplementary protection certificate – Regulation (EEC) No 1768/92 – Article 3 – Conditions for obtaining supplementary protection certificates – First authorisation to place a product on the market in the Member State for which the application is made – Successive authorisations to place a product on the market … Continue reading Neurim Pharmaceuticals v Comptroller-General of Patents: ECJ 3 May 2012
ECJ Patent law – Proprietary medicinal products – Regulation (EEC) No 1768/92 – Articles 7, 19 and 19a(e) – Supplementary protection certificate for medicinal products – Period for lodging the application for such a certificate [2010] EUECJ C-66/09 Bailii Citing: Opinion – Kirin Amgen v Lietuvos Respublikos valstybinis patentu biuras ECJ 25-Feb-2010 ECJ (Opinion) Regulation … Continue reading Kirin Amgen v Lietuvos Respublikos valstybinis patentu biuras: ECJ 2 Sep 2010
ECJ Patent law – Medicinal products – Supplementary protection certificate for medicinal products – Regulation (EEC) No 1768/92 – Article 2 – Scope – Safety and efficacy testing laid down by Directive 65/65/EEC – Absence – Invalidity of the certificate J.N. Cunha Rodrigues, P C-195/09, [2011] EUECJ C-195/09, [2012] RPC 3 Bailii Regulation (EEC) No … Continue reading Synthon v Merz Pharma Gmbh and Co Kg: ECJ 28 Jul 2011
ECJ Opinion – Regulation No 1768/92 – Supplementary protection certificate – Conditions for its grant – Concept of first marketing authorisation Mengozzi AG [2011] EUECJ C-195/09 – O Bailii Regulation No 1768/92 Citing: Statement of questions – Synthon v Merz Pharma Gmbh and Co Kg ECJ 15-Aug-2009 ECJ Statement of questions referred (Patents) . . … Continue reading Synthon v Merz Pharma Gmbh and Co Kg: ECJ 31 Mar 2011
