ARTICLE
6 January 2014

Possibility To Obtain SPCs Broadened By Three Eagerly Awaited CJ Decisions

DB
De Brauw Blackstone Westbroek N.V.

Contributor

De Brauw Blackstone Westbroek N.V. logo

De Brauw Blackstone Westbroek is a leading international law firm, trusted by clients for over 150 years due to its deep engagement with their businesses and a clear understanding of their ambitions. While rooted in Dutch society, the firm offers global coverage through its network of top-tier law firms, ensuring seamless, tailored legal solutions. De Brauw’s independence enables it to choose the best partners while remaining a trusted, strategic advisor to clients worldwide.

The firm emphasizes long-term investment in both its client relationships and its people. De Brauw’s legal training institutes, De Brauwerij and The Brewery, cultivate diverse talent, preparing the next generation of top-tier lawyers through rigorous training and personal development. Senior leadership traditionally rises from within, maintaining the firm’s high standards and collaborative culture.

On 12 December 2013, the Court of Justice of the European Union ("CJ") handed down three important decisions regarding the interpretation of Regulation 469/2009 (the "SPC Regulation").
European Union Intellectual Property

On 12 December 2013, the Court of Justice of the European Union ("CJ") handed down three important decisions regarding the interpretation of Regulation 469/2009 (the "SPC Regulation"). These three decisions are expected to impact your SPC strategies.

In Actavis v Sanofi (C-443/12) and Georgetown II (C-484/12), the CJ clarified the circumstances in which Article 3(c) of the SPC Regulation may allow the granting of more than one supplementary protection certificate ("SPC") per basic patent. In Eli Lilly v HGS (C-493/12), the CJ sanctioned a broad interpretation of "protected by a basic patent in force" (3(a) SPC Regulation) which can also include functional claims.

Download

Please download the legal alert here in English.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More