Two new references to the CJEU on SPCs

Two new references have been made to the Court of Justice of the European Union (CJEU) asking for preliminary rulings on issues under Regulation (EC) No 469/2009 (the ‘SPC Regulation’), although few details are currently available on these.

This reference from the Oberster Patent und Markensenat, Austria, concerns the question of whether a supplementary protection certificate (SPC) is available for a substance (Protein D). Protein D is protected by a basic patent and has a therapeutic effect of its own, but it is not per se the authorised medicinal product at issue in the SPC application (the pneumococcal vaccine Synflorix). Instead, in Synflorix, Protein D acts as a carrier and is covalently bound to the active ingredients…

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