Request for a preliminary ruling concerning supplementary protection certificates

Patent law.C-121/17. Teva UK, Accord Healthcare Limited, Lupin Limited, Lupin Europe Limited, Generics (UK) Limited and Gilead Sciences Inc. Request for a preliminary ruling. High Court of Justice (Chancery Division) - United Kingdom.

In a case concerning certificates for medicinal products, the High Court of Justice (Chancery Division) UK referred a question to the CJEU. The question concerns article 3(a) of Regulation No. 469/2009 regarding the supplementary protection certificate for medicinal products. This article has the following wording: “Article 3: Conditions for obtaining a certificate. A certificate shall be granted if, in the Member State in which the application referred to in Article 7 is submitted and at the date of that application: (a) the product is protected by a basic patent in force”.

Request for a preliminary ruling:

 “What are the criteria for deciding whether “the product is protected by a basic patent in force” in Article 3(a) of Regulation No. 469/2009?”

More info can be found here.