In view of the need for a consistent approach to interpretation of Council Regulation (EEC) 1768/92, the Court of Appeal has referred to the European Court of Justice (ECJ) questions on the meaning of the term ‘the first authorisation to place the product on the market’ in Article 13(1); in particular whether the first authorisation must be issued in accordance with Council Directive 65/65/EEC (now replaced with Directive 2001/83/EC). The answer to this question will determine the correct expiry date of SPC/GB00/033. In making this referral, the Court of Appeal requested that the ECJ join this reference with the reference pending in Synthon v. Merz ([2009] EUECJ C-195/09).

A full summary of this case has been published on Kluwer IP Law.


_____________________________

To make sure you do not miss out on regular updates from the Kluwer Patent Blog, please subscribe here.


Kluwer IP Law

The 2022 Future Ready Lawyer survey showed that 79% of lawyers think that the importance of legal technology will increase for next year. With Kluwer IP Law you can navigate the increasingly global practice of IP law with specialized, local and cross-border information and tools from every preferred location. Are you, as an IP professional, ready for the future?

Learn how Kluwer IP Law can support you.

Kluwer IP Law
This page as PDF