A1 Refereed original research article in a scientific journal
The CJEU broadens the scope of European SPCs, but shortens validity of its duration in certain Member States
Authors: Daniel Acquah
Publisher: Oxford University Press
Publishing place: Oxford
Publication year: 2017
Journal: Journal of Intellectual Property Law and Practice
Journal acronym: JIPLP
Volume: 12
Issue: 4
First page : 263
Last page: 264
Number of pages: 2
ISSN: 1747-1532
eISSN: 1747-1540
DOI: https://doi.org/10.1093/jiplp/jpx016(external)
Web address : https://academic.oup.com/jiplp/article/12/4/263/3065362/The-CJEU-broadens-the-scope-of-European-SPCs-but(external)
Self-archived copy’s web address: https://research.utu.fi/converis/portal/detail/Publication/19260413(external)
The Court of Justice of the European Union (CJEU) has clarified that, where a medicinal product has been the subject of a marketing authorization (MA) within the European Economic Area (EEA), before that granted in a Member State of the European Union (EU), and even before the Member State’s accession to the EU, the EEA MA must be taken into account for the purpose of determining the duration of the supplementary protection certificate granted in the EU.
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