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Document 62012CN0443

Case C-443/12: Reference for a preliminary ruling from High Court of Justice (Chancery Division) (United Kingdom) made on 3 October 2012 — Actavis Group PTC EHF, Actavis UK Ltd v Sanofi

OJ C 389, 15.12.2012, p. 5–5 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

15.12.2012   

EN

Official Journal of the European Union

C 389/5

Reference for a preliminary ruling from High Court of Justice (Chancery Division) (United Kingdom) made on 3 October 2012 — Actavis Group PTC EHF, Actavis UK Ltd v Sanofi

(Case C-443/12)

2012/C 389/07

Language of the case: English

Referring court

High Court of Justice (Chancery Division)

Parties to the main proceedings

Applicants: Actavis Group PTC EHF, Actavis UK Ltd

Defendant: Sanofi

Third party: Sanofi Pharma Bristol-Myers Squibb SNC

Questions referred

1.

What are the criteria for deciding whether ‘the product is protected by a basic patent in force’ in Article 3(a) of Regulation 469/2009/EC (1) (‘the Regulation’)?

2.

In a situation in which multiple products are protected by a basic patent in force, does the Regulation, and in particular Article 3(c), preclude the proprietor of the patent being issued a certificate for each of the products protected?

(1)  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

OJ L 152, p. 1

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