Judgment of the Court (Grand Chamber) of 11 September 2007 (reference for a preliminary ruling from the Supremo Tribunal de Justiça — Portugal) — Merck Genericos-Produtos Farmacêuticos L.da v Merck & Co. Inc., Merck Sharp & Dohme, L.da

(Case C-431/05) (1)

(Agreement establishing the World Trade Organisation - Article 33 of the Agreement on Trade-related Aspects of Intellectual Property Rights (TRIPs) - Patents - Minimum term of protection - Legislation of a Member State providing for a lesser term - Article 234 EC - Jurisdiction of the Court - Direct effect)

(2007/C 269/17)

Language of the case: Portugese

Referring court

Supremo Tribunal de Justiça

Parties to the main proceedings

Applicant: Merck Genéricos-Produtos Farmacêuticos L.da

Defendant: Merck & Co. Inc., Merck Sharp & Dohme, L.da

Re:

Reference for a preliminary ruling — Supremo Tribunal de Justiça — Interpretation of Article 33 of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) annexed to the Agreement establishing the World Trade Organisation (OJ 1994 L 336, p. 214) — Jurisdiction in relation to interpretation — Direct effect

Operative part of the judgment

As Community legislation in the sphere of patents now stands, it is not contrary to Community law for Article 33 of the Agreement on Trade-Related Aspects of Intellectual Property Rights, constituting Annex 1C to the Agreement establishing the World Trade Organisation, signed at Marrakesh on 15 April 1994 and approved by Council Decision 94/800/EC concerning the conclusion on behalf of the European Community, as regards matters within its competence, of the agreements reached in the Uruguay Round multilateral negotiations (1986-1994), to be directly applied by a national court subject to the conditions provided for by national law.

(1)  OJ C 36, 11.2.2006.