Two new references to the CJEU on SPCs

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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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