“Georgetown University”

IIC - International Review of Intellectual Property and Competition Law, Jun 2014

1. In circumstances such as those in the main proceedings, where, on the basis of a basic patent and a marketing authorisation for a medicinal product consisting of a combination of several active ingredients, the patent holder has already obtained a supplementary protection certificate for that combination of active ingredients, protected by that patent within the meaning of Article 3(a) of Regulation (EC) No 469/2009 of the European Parliament and of the Council of 6 May 2009 concerning the supplementary protection certificate for medicinal products, Article 3(c) of that regulation must be interpreted as not precluding the proprietor from also obtaining a supplementary protection certificate for one of those active ingredients which, individually, is also protected as such by that patent.

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“Georgetown University”

0 Max Planck Institute for Innovation and Competition , Munich 2014 Official headnotes. Available at http://curia.europa.eu. 1. In circumstances such as those in the main proceedings, where, on the basis of a basic patent and a marketing authorisation for a medicinal product consisting of a combination of several active ingredients, the patent holder has already obtained a supplementary protection certificate for that combination of active ingredients, protected by that patent within the meaning of Article 3(a) of Regulation (EC) No 469/2009 of the European Parliament and of the Council of 6 May 2009 concerning the supplementary protection certificate for medicinal products, Article 3(c) of that regulation must be interpreted as not precluding the proprietor from also obtaining a supplementary protection certificate for one of those active ingredients which, individually, is also protected as such by that patent.


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Decision of the European Court of Justice (Third Chamber) 12 December 2013 – Case No. C-484/12. “Georgetown University”, IIC - International Review of Intellectual Property and Competition Law, 2014, 589-589, DOI: 10.1007/s40319-014-0221-z