Recent ECJ case law and latest referrals for preliminary rulings on the SPC Regulation, IAM 2022

by Dr Derk Vos

The contribution highlights recent ECJ decisions regarding Article 3(a) of the SPC Regulation relating to one of the core aspects of SPCs – namely, the products considered to be protected by a basic patent, and the implications for patentees and generics companies. In addition, it is informed about two new referrals for preliminary rulings of the ECJ for issues regarding Article 3(c) of the SPC Regulation.

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