Latest Ecj Ruling On Spcs

The ECJ has issued its ruling today inward Joined Cases C-207/03 as well as C-252/03 Novartis AG, UCL as well as the Institute of Microbiology as well as Epidemiology v Comptroller-General of Patents, Designs as well as Trade Marks for the United Kingdom of Great Britain as well as Northern Ireland of Britain as well as Northern Republic of Ireland and Ministre de l’Économie v Millennium Pharmaceuticals Inc., formerly Cor Therapeutics Inc, 2 cases on supplementary protection certificates (SPCs) for pharmaceutical products for which patent protection is expiring.

In Case C-273/03 Novartis, UCL as well as the Institute of Microbiology as well as Epidemiology applied for 2 SPCs, 1 for Basiliximab, an immunosuppressant, as well as the other for an antimalarial combination of Artemether as well as Lumefantrin. On seven Apr 1998 as well as 22 Jan 1999 the Swiss granted marketing authorisations for Basiliximab as well as for the combination of Artemether as well as Lumefantrin. Those authorisations were automatically recognised inward Liechtenstein, past times functioning of Principality of Liechtenstein law. Basiliximab as well as the combination of Artemether as well as Lumefantrin were granted marketing authorisations inside the European Union on nine Oct 1998 as well as thirty Nov 1999. The UK Patent Office, considering that the duration of the SPCs should live on calculated past times taking into draw organisation human relationship the dates when the Swiss marketing authorisations were issued, granted SPCs for durations determined past times reference to those dates. Novartis etc took the sentiment that the duration of the SPCs should convey been calculated past times reference to the foremost marketing authorisations granted inside the EEA, non Switzerland, as well as appealed to Patents Court which referred the thing to the Court for a preliminary ruling.

Liechstenstein: extends Swiss influence into the EEA

In Case C-252/03 Millennium's predecessor applied to the Grand Duchy of Luxembourg Minister for the Economy for an SPC nether for Eptifibatide, for which the engagement of the foremost marketing ascendance inward the European Union was 1 July 1999. Millennium said inward its application that a marketing ascendance had been issued for that medicinal production past times the Swiss government on 27 Feb 1997. On the Earth that Swiss marketing authorisations are automatically recognised nether Principality of Liechtenstein police (Liechtenstein beingness an EEA state), the Minister issued an SPC as well as fixed its engagement of starting fourth dimension every bit the engagement of the Swiss marketing authorisation. Millennium sued, claiming that that engagement should live on replaced past times 1 July 1999. Again, the thing was referred to the ECJ. After due deliberation that courtroom ruled:

"In as well as then far every bit an ascendance to house a medicinal production on the marketplace issued past times the Swiss government as well as automatically recognised past times the Principality of Principality of Liechtenstein nether that State’s legislation is the foremost ascendance to house that production on the marketplace inward 1 of U.S. of the EEA, it constitutes the foremost ascendance to house the production on the marketplace inside the pregnant of Article xiii of Regulation 1768/92 of xviii June 1992 concerning the creation of a supplementary protection certificate for medicinal products, every bit it is to live on read for the purposes of the application of the Agreement on the EEA".

ever wondered what exercise Liechstenstein was to the IP community. Now he knows.

More on SPCs here and here