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Document 62012CA0484
Case C-484/12: Judgment of the Court (Third Chamber) of 12 December 2013 (request for a preliminary ruling from the Rechtbank’s-Gravenhage (Netherlands)) — Georgetown University v Octrooicentrum Nederland, operating under the name NL Octrooicentrum (Medicinal products for human use — Supplementary protection certificate — Regulation (EC) No 469/2009 — Article 3 — Conditions for obtaining such a certificate — Whether it is possible to obtain a number of supplementary protection certificates on the basis of just one patent)
Case C-484/12: Judgment of the Court (Third Chamber) of 12 December 2013 (request for a preliminary ruling from the Rechtbank’s-Gravenhage (Netherlands)) — Georgetown University v Octrooicentrum Nederland, operating under the name NL Octrooicentrum (Medicinal products for human use — Supplementary protection certificate — Regulation (EC) No 469/2009 — Article 3 — Conditions for obtaining such a certificate — Whether it is possible to obtain a number of supplementary protection certificates on the basis of just one patent)
Case C-484/12: Judgment of the Court (Third Chamber) of 12 December 2013 (request for a preliminary ruling from the Rechtbank’s-Gravenhage (Netherlands)) — Georgetown University v Octrooicentrum Nederland, operating under the name NL Octrooicentrum (Medicinal products for human use — Supplementary protection certificate — Regulation (EC) No 469/2009 — Article 3 — Conditions for obtaining such a certificate — Whether it is possible to obtain a number of supplementary protection certificates on the basis of just one patent)
OJ C 52, 22.2.2014, p. 20–20
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
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22.2.2014 |
EN |
Official Journal of the European Union |
C 52/20 |
Judgment of the Court (Third Chamber) of 12 December 2013 (request for a preliminary ruling from the Rechtbank’s-Gravenhage (Netherlands)) — Georgetown University v Octrooicentrum Nederland, operating under the name NL Octrooicentrum
(Case C-484/12) (1)
(Medicinal products for human use - Supplementary protection certificate - Regulation (EC) No 469/2009 - Article 3 - Conditions for obtaining such a certificate - Whether it is possible to obtain a number of supplementary protection certificates on the basis of just one patent)
2014/C 52/33
Language of the case: Dutch
Referring court
Rechtbank’s-Gravenhage
Parties to the main proceedings
Applicant: Georgetown University
Defendant: Octrooicentrum Nederland, operating under the name NL Octrooicentrum
Re:
Request for a preliminary ruling — Rechtbank’s-Gravenhage (Netherlands) — Interpretation of Articles 3(c) and 14(b) 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 (OJ 2009 L 152, p. 1) — Conditions under which a certificate may be obtained — Basic patent in force covering several products — Whether or not there is a right to a certificate for each product.
Operative part of the judgment
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.