The CJEU broadens the scope of European SPCs, but shortens validity of its duration in certain Member States




Daniel Acquah

PublisherOxford University Press

Oxford

2017

 Journal of Intellectual Property Law and Practice

JIPLP

12

4

263

264

2

1747-1532

1747-1540

DOIhttps://doi.org/10.1093/jiplp/jpx016

https://academic.oup.com/jiplp/article/12/4/263/3065362/The-CJEU-broadens-the-scope-of-European-SPCs-but

https://research.utu.fi/converis/portal/detail/Publication/19260413



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.


Last updated on 26/11/2024 10:06:15 PM