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“Seattle Genetics”

Decision of the European Court of Justice (Eighth Chamber) 6 October 2015 – Case No. C-471/14

  1. 1.

    Article 13(1) of Regulation (EC) No 469/2009 of the European Parliament and of the Council of 6 May 2009 concerning the supplementary protection certificate for medicinal products must be interpreted as meaning that the ‘date of the first authorisation to place the product on the market in the [European Union]’ is determined by EU law.

  2. 2.

    Article 13(1) of Regulation No 469/2009 is to be interpreted as meaning that the ‘date of the first authorisation to place the product on the market in the [European Union]’ within the meaning of that provision is the date on which notification of the decision granting marketing authorisation was given to the addressee of the decision.

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Seattle Genetics Inc. v. Österreichisches Patentamt Regulation (EC) No 469/2009, Art. 13(1). “Seattle Genetics”. IIC 47, 87 (2016). https://doi.org/10.1007/s40319-015-0430-0

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Keywords

  • Supplementary protection certificate
  • Duration
  • Date of the first authorisation to place product on the market