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A Ray of Light in Muddy Waters? -The CJEU rules on combination SPCs in C-121/17 Teva v Gilead

Minssen, Timo LU and Bostyn, Sven (2018) In European Pharmaceutical Law Review 2(3). p.169-173
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,... (More)
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.. (Less)
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published
subject
keywords
Medical law, Medicinsk rätt
in
European Pharmaceutical Law Review
volume
2
issue
3
pages
5 pages
publisher
Lexxion
ISSN
2511-7157
language
English
LU publication?
no
id
07da7d7b-c7d4-4dfa-ad5a-b4a59271b061
date added to LUP
2020-12-16 14:15:49
date last changed
2020-12-23 10:27:08
@article{07da7d7b-c7d4-4dfa-ad5a-b4a59271b061,
  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..}},
  author       = {{Minssen, Timo and Bostyn, Sven}},
  issn         = {{2511-7157}},
  keywords     = {{Medical law; Medicinsk rätt}},
  language     = {{eng}},
  number       = {{3}},
  pages        = {{169--173}},
  publisher    = {{Lexxion}},
  series       = {{European Pharmaceutical Law Review}},
  title        = {{A Ray of Light in Muddy Waters? -The CJEU rules on combination SPCs in C-121/17 Teva v Gilead}},
  volume       = {{2}},
  year         = {{2018}},
}