The Federal Institute of Intellectual Property can also issue a supplementary protection certificate to an applicant if a certificate for the same active pharmaceutical ingredients (API) or combination thereof has already been granted to a third person. By interpreting the law in that way – only restricting the grant of a certificate for the same API to the same applicant- Swiss law is harmonized with the current jurisprudence of the EU.
Click here for the full text of this case.
A full summary of this case has been published on Kluwer IP Law.
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