The ECJ confirms that the holder of a basic patent is entitled to one SPC regardless of whether other SPCs have already been granted to other holders of one or more other basic patents.

Madrid partner, LuisFernandez-Novoa authored this article that was published in the most recent edition of the “Comunicaciones en Propiedad Industrial y Derecho de la Competencia.”

The article discusses the recent ruling of the European Court of Justice in Case C-482/07 on prejudicial question concerning interpretation of Regulations (EEC)  No. 1768/92, concerning Supplementary Protection Certificates for medicinal products and Regulation (EC) No. 1610/96 which concerns SPC for plant protection products.

The article analyses Court interpretation of Article 3(c) of the Medicinal Products SPC Regulation that would preclude a subsequent applicant for an SPC from getting one because an earlier applicant had already got one, The ECJ has accepted that the holder of a basic patent is entitled to one SPC regardless of whether other SPCs have already been granted to other holders of one or more other basic patents.