EUR-Lex Access to European Union law
This document is an excerpt from the EUR-Lex website
Document 62011CB0006
Case C-6/11: Order of the Court (Fourth Chamber) of 25 November 2011 (reference for a preliminary ruling from the High Court of Justice (Chancery Division) — United Kingdom) — Daiichi Sankyo Company v Comptroller-General of Patents, Designs and Trade Marks (Article 104(3), first subparagraph, of the Rules of Procedure — Medicinal products for human use — Supplementary protection certificate — Regulation (EC) No 469/2009 — Articles 3 and 4 — Conditions for obtaining a certificate — Concept of a ‘product protected by a basic patent in force’ — Criteria — Existence of further or different criteria for a medicinal product comprising more than one active ingredient)
Case C-6/11: Order of the Court (Fourth Chamber) of 25 November 2011 (reference for a preliminary ruling from the High Court of Justice (Chancery Division) — United Kingdom) — Daiichi Sankyo Company v Comptroller-General of Patents, Designs and Trade Marks (Article 104(3), first subparagraph, of the Rules of Procedure — Medicinal products for human use — Supplementary protection certificate — Regulation (EC) No 469/2009 — Articles 3 and 4 — Conditions for obtaining a certificate — Concept of a ‘product protected by a basic patent in force’ — Criteria — Existence of further or different criteria for a medicinal product comprising more than one active ingredient)
Case C-6/11: Order of the Court (Fourth Chamber) of 25 November 2011 (reference for a preliminary ruling from the High Court of Justice (Chancery Division) — United Kingdom) — Daiichi Sankyo Company v Comptroller-General of Patents, Designs and Trade Marks (Article 104(3), first subparagraph, of the Rules of Procedure — Medicinal products for human use — Supplementary protection certificate — Regulation (EC) No 469/2009 — Articles 3 and 4 — Conditions for obtaining a certificate — Concept of a ‘product protected by a basic patent in force’ — Criteria — Existence of further or different criteria for a medicinal product comprising more than one active ingredient)
OJ C 73, 10.3.2012, p. 10–11
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
|
10.3.2012 |
EN |
Official Journal of the European Union |
C 73/10 |
Order of the Court (Fourth Chamber) of 25 November 2011 (reference for a preliminary ruling from the High Court of Justice (Chancery Division) — United Kingdom) — Daiichi Sankyo Company v Comptroller-General of Patents, Designs and Trade Marks
(Case C-6/11) (1)
(Article 104(3), first subparagraph, of the Rules of Procedure - Medicinal products for human use - Supplementary protection certificate - Regulation (EC) No 469/2009 - Articles 3 and 4 - Conditions for obtaining a certificate - Concept of a ‘product protected by a basic patent in force’ - Criteria - Existence of further or different criteria for a medicinal product comprising more than one active ingredient)
2012/C 73/17
Language of the case: English
Referring court
High Court of Justice (Chancery Division)
Parties to the main proceedings
Applicant: Daiichi Sankyo Company
Defendant: Comptroller-General of Patents, Designs and Trade Marks
Re:
Reference for a preliminary ruling — High Court of Justice (Chancery Division, Patents Court) — Interpretation of Articles 3(a) and 4 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 for obtaining a certificate — Concept of a ‘product protected by a basic patent in force’ — Criteria — Existence of further or different criteria for a medicinal product comprising more than one active ingredient
Operative part of the order
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 must be interpreted as precluding the competent industrial property office of a Member State from granting a supplementary protection certificate relating to active ingredients which are not identified in the wording of the claims of the basic patent relied on in support of the application for such a certificate.