Medeva and Georgetown win in SPC rulings
24 November 2011
Simon Crompton, London
The Court of Justice of the EU clarified the law on SPCs for combination drugs this morning, but included a sting in the tail for pharma companies
Both pharmaceutical company Medeva and Georgetown University had applications for supplementary protection certificates (SPCs) rejected by the UK IPO.
When both were appealed at the Court of Appeal, the court referred several questions to the Court of Justice (CJ) on the extent that a basic patent and a marketing authorisation need to be reflected in an SPC application.
The cases were joined for the hearing, but separated by the...
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