This document is an excerpt from the EUR-Lex website
Document 62022CJ0473
Judgment of the Court (Third Chamber) of 11 January 2024.
Mylan AB v Gilead Sciences Finland Oy and Others.
Reference for a preliminary ruling – Intellectual and industrial property – Medicinal product for human use – Supplementary protection certificate (SPC) – Directive 2004/48/EC – Article 9(7) – Placing on the market of products infringing SPC rights – Provisional measures ordered on the basis of an SPC – Subsequent invalidity of the SPC and revocation of the measures – Consequences – Right to appropriate compensation for losses caused by the provisional measures – Liability of the applicant for those measures for losses caused by them – National legislation providing for strict liability.
Case C-473/22.
Judgment of the Court (Third Chamber) of 11 January 2024.
Mylan AB v Gilead Sciences Finland Oy and Others.
Reference for a preliminary ruling – Intellectual and industrial property – Medicinal product for human use – Supplementary protection certificate (SPC) – Directive 2004/48/EC – Article 9(7) – Placing on the market of products infringing SPC rights – Provisional measures ordered on the basis of an SPC – Subsequent invalidity of the SPC and revocation of the measures – Consequences – Right to appropriate compensation for losses caused by the provisional measures – Liability of the applicant for those measures for losses caused by them – National legislation providing for strict liability.
Case C-473/22.
ECLI identifier: ECLI:EU:C:2024:8
Case C-473/22
Mylan AB
v
Gilead Sciences Finland Oy and Others
(Request for a preliminary ruling from the markkinaoikeus)
Judgment of the Court (Third Chamber) of 11 January 2024
(Reference for a preliminary ruling – Intellectual and industrial property – Medicinal product for human use – Supplementary protection certificate (SPC) – Directive 2004/48/EC – Article 9(7) – Placing on the market of products infringing SPC rights – Provisional measures ordered on the basis of an SPC – Subsequent invalidity of the SPC and revocation of the measures – Consequences – Right to appropriate compensation for losses caused by the provisional measures – Liability of the applicant for those measures for losses caused by them – National legislation providing for strict liability)
Approximation of laws – Enforcement of intellectual property rights – Directive 2004/48 – Measures, procedures and remedies – Provisional and precautionary measures – Provisional measures ordered on the basis of a patent or a supplementary protection certificate – Subsequent invalidity of that patent or certificate and revocation of the measures – Liability of the applicant for those measures for losses caused by them – National legislation providing for strict liability – Whether permissible – Conditions
(European Parliament and Council Directive 2004/48, Art. 9(7))
(see paragraphs 36-40)
Approximation of laws – Enforcement of intellectual property rights – Directive 2004/48 – Measures, procedures and remedies – Conditions under which applicable – No abuse – Justification and proportionality – Balance between a high level of protection of intellectual property rights and the rights and freedoms of the defendant – No barrier to legitimate trade, – Deterrent effect – To be determined by the national court
(European Parliament and Council Directive 2004/48, Arts 3 and 9)
(see paragraphs 41-50)