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Advocate General’s Opinion Concerning the EU Harmonised Test for Granting an Extension of the Term of a Patent for Medicinal Products



by Sarah Byrt
Mayer Brown International LLP - London Office

Sangeeta Puran
Mayer Brown International LLP - London Office

July 25, 2011

Previously published on July 2011

The Advocate General has delivered her advisory opinion on questions referred to the European Court of Justice seeking clarification on the conditions for obtaining supplementary protection certificates (“SPCs”) for medicinal products marketed in EU Member States. The references are from the following UK proceedings: Medeva BV v Comptroller-General of Patents, Designs and Trade Marks (case C-322-10) and Georgetown University, University of Rochester, Loyola University of Chicago v Comptroller-General of Patents, Designs and Trade Marks (Case C-422/10).


 

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