IP/N/1/EU/P/3  
 
12 April 2013  
(13-1947)  Page: 1/12  
Council for Trade-Related Aspects 
of Intellectual Property Rights  Original: English/anglais/inglés  
 
 MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND 
REGULATIONS NOTIFIED UNDER ARTICLE 63.2 
OF THE AGREEMENT 
EUROPEAN UNION 
This document reproduces the text1 of Regulation (EC) No 469/2009 of the European Parliament 
and of the Council of 6 May 2009 concerning the su pplementary protection certificate for medicinal 
products (Codified version), as notified by the European Union on 20 March 2013 under Article 63.2 of the Agreement (see document IP/N/1/EU/1). 
 
Conseil des aspects des droits de propriété 
intellectuelle qui touchent au commerce 
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À 
LA PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
UNION EUROPÉENNE  
Le présent document contient le texte1 du Règlement (CE) n° 469/2009 du Parlement européen et 
du Conseil du 6 mai 2009 concernant le certificat complémentaire de protection pour les 
médicaments (version codifiée), notifié par l'Union européenne le 20 mars 2013 au titre de 
l'article 63:2 de l'Accord (voir le document IP/N/1/EU/1). 
 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL PÁRRAFO 2 DEL ARTÍCULO 63 DEL ACUERDO 
UNIÓN EUROPEA  
En el presente documento se reproduce el texto1 del Reglamento (CE) Nº 469/2009 del 
Parlamento Europeo y del Consejo, de 6 de mayo de 2009, relativo al certificado complementario 
de protección para los medicamentos (versión codificada), notificado por la Unión Europea el 20 de marzo de 2013 en virtud de lo dispuesto en el párrafo 2 del artículo 63 del Acuerdo (véase el 
documento IP/N/1/EU/1).  
                                               
1 In English only./En anglais seulement./En inglés solamente. IP/N/1/EU/P/3 
 
- 2 - 
 
  PP 3-12 - Offset (Pdf file attached) 
PP 3 à 12 - Offset (fichier Pdf joint) PP 3-12 - Offset (fichero Pdf adjunto) I 
(Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory)  
REGULATIONS  
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  
(Codified version) 
(Text with EEA relevance)  
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE 
EUROPEAN UNION,  
Having regard to the Treaty establishing the European 
Community, and in particular Article 95 thereof,  
Having regard to the proposal from the Commission,  
Having regard to the opinion of the European Economic and 
Social Committee (  1 ), 
Acting in accordance with the procedure laid down in 
Article 251 of the Treaty (  2 ), 
Whereas:  
(1) Council Regulation (EEC) No 1768/92 of 18 June 1992 
concerning the creation of a supplementary protection 
certificate for medicinal products (  3 ) has been substan ­
tially amended several times (  4 ). In the interests of 
clarity and rationality the said Regulation should be 
codified.  
(2) Pharmaceutical research plays a decisive role in the 
continuing improvement in public health.  
(3) Medicinal products, especially those that are the result of 
long, costly research will not continue to be developed in the Community and in Europe unless they are covered by favourable rules that provide for sufficient protection to encourage such research.
 (4) At the moment, the period that elapses between the 
filing of an application for a patent for a new medicinal product and authorisation to place the medicinal product on the market makes the period of effective protection under the patent insufficient to cover 
the investment put into the research.
 
(5) This situation leads to a lack of protection which 
penalises pharmaceutical research.  
(6) There exists a risk of research centres situated in the 
Member States relocating to countries that offer greater 
protection.  
(7) A uniform solution at Community level should be 
provided for, thereby preventing the heterogeneous development of national laws leading to further dispa
­
rities which would be likely to create obstacles to the free movement of medicinal products within the Community and thus directly affect the functioning of the internal 
market.
 
(8) Therefore, the provision of a supplementary protection 
certificate granted, under the same conditions, by each of 
the Member States at the request of the holder of a national or European patent relating to a medicinal product for which marketing authorisation has been granted is necessary. A regulation is therefore the most appropriate legal instrument.
 
(9) The duration of the protection granted by the certificate 
should be such as to provide adequate effective protection. For this purpose, the holder of both a patent and a certificate should be able to enjoy an overall maximum of 15 years of exclusivity from the time the medicinal product in question first obtains auth
­
orisation to be placed on the market in the Community.EN 16.6.2009 Official Journal of the European Union L 152/1  
( 1 ) OJ C 77, 31.3.2009, p. 42.  
( 2 ) Opinion of the European Parliament of 21 October 2008 (not yet 
published in the Official Journal) and Council Decision of 6 April 
2009.  
( 3 ) OJ L 182, 2.7.1992, p. 1.  
( 4 ) See Annex I.
IP/N/1/EU/P/3 
       - 3 -(10) All the interests at stake, including those of public health, 
in a sector as complex and sensitive as the pharma ­
ceutical sector should nevertheless be taken into 
account. For this purpose, the certificate cannot be granted for a period exceeding five years. The protection granted should furthermore be strictly confined to the product which obtained authorisation to be placed on 
the market as a medicinal product.
 
(11) Provision should be made for appropriate limitation of 
the duration of the certificate in the special case where a 
patent term has already been extended under a specific national law,
 
HAVE ADOPTED THIS REGULATION:  
Article 1  
Definitions  
For the purposes of this Regulation, the following definitions 
shall apply:  
(a) ‘medicinal product’ means any substance or combination of 
substances presented for treating or preventing disease in human beings or animals and any substance or combination of substances which may be administered to human beings or animals with a view to making a medical diagnosis or to restoring, correcting or modifying physiological functions in 
humans or in animals;  
(b) ‘product’ means the active ingredient or combination of 
active ingredients of a medicinal product;  
(c) ‘basic patent’ means a patent which protects a product as 
such, a process to obtain a product or an application of a 
product, and which is designated by its holder for the 
purpose of the procedure for grant of a certificate;  
(d) ‘certificate’ means the supplementary protection certificate;  
(e) ‘application for an extension of the duration’ means an 
application for an extension of the duration of the certificate pursuant to Article 13(3) of this Regulation and Article 36 of Regulation (EC) No 1901/2006 of the European Parliament and of the Council of 12 December 2006 on medicinal products for paediatric use (
 1 ). 
Article 2  
Scope 
Any product protected by a patent in the territory of a Member 
State and subject, prior to being placed on the market as a medicinal product, to an administrative authorisation procedure as laid down in Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to medicinal products for human use (
 2 ) or Directive 2001/82/EC of the European 
Parliament and of the Council of 6 November 2001 on the Community code relating to veterinary medicinal products (
 3 ) 
may, under the terms and conditions provided for in this Regu ­
lation, be the subject of a certificate.  
Article 3  
Conditions for obtaining a certificate 
A certificate shall be granted if, in the Member State in which 
the application referred to in Article 7 is submitted and at the 
date of that application:  
(a) the product is protected by a basic patent in force;  
(b) a valid authorisation to place the product on the market as 
a medicinal product has been granted in accordance with 
Directive 2001/83/EC or Directive 2001/82/EC, as appro ­
priate;  
(c) the product has not already been the subject of a certificate;  
(d) the authorisation referred to in point (b) is the first auth ­
orisation to place the product on the market as a medicinal product. 
Article 4  
Subject matter of protection 
Within the limits of the protection conferred by the basic 
patent, the protection conferred by a certificate shall extend only to the product covered by the authorisation to place the corresponding medicinal product on the market and for any use of the product as a medicinal product that has been authorised before the expiry of the certificate.  
Article 5 
Effects of the certificate  
Subject to the provisions of Article 4, the certificate shall confer 
the same rights as conferred by the basic patent and shall be subject to the same limitations and the same obligations.  
Article 6 
Entitlement to the certificate
 
The certificate shall be granted to the holder of the basic patent 
or his successor in title.EN L 152/2 Official Journal of the European Union 16.6.2009  
( 1 ) OJ L 378, 27.12.2006, p. 1.  ( 2 ) OJ L 311, 28.11.2001, p. 67.  
( 3 ) OJ L 311, 28.11.2001, p. 1.
IP/N/1/EU/P/3 
       - 4 -Article 7  
Application for a certificate  
1. The application for a certificate shall be lodged within six 
months of the date on which the authorisation referred to in 
Article 3(b) to place the product on the market as a medicinal product was granted.  
2. Notwithstanding paragraph 1, where the authorisation to 
place the product on the market is granted before the basic patent is granted, the application for a certificate shall be 
lodged within six months of the date on which the patent is 
granted.  
3. The application for an extension of the duration may be 
made when lodging the application for a certificate or when the application for the certificate is pending and the appropriate requirements of Article 8(1)(d) or Article 8(2), respectively, are fulfilled.  
4. The application for an extension of the duration of a 
certificate already granted shall be lodged not later than two 
years before the expiry of the certificate.  
5. Notwithstanding paragraph 4, for five years following the 
entry into force of Regulation (EC) No 1901/2006, the appli
­
cation for an extension of the duration of a certificate already 
granted shall be lodged not later than six months before the expiry of the certificate.  
Article 8  
Content of the application for a certificate  
1. The application for a certificate shall contain:  
(a) a request for the grant of a certificate, stating in particular:  
(i) the name and address of the applicant;  
(ii) if he has appointed a representative, the name and 
address of the representative;  
(iii) the number of the basic patent and the title of the 
invention;  
(iv) the number and date of the first authorisation to place 
the product on the market, as referred to in Article 3(b) and, if this authorisation is not the first authorisation for placing the product on the market in the Community, the number and date of that authorisation;  (b) a copy of the authorisation to place the product on the 
market, as referred to in Article 3(b), in which the product is identified, containing in particular the number and date of the authorisation and the summary of the product characteristics listed in Article 11 of Directive 
2001/83/EC or Article 14 of Directive 2001/82/EC;  
(c) if the authorisation referred to in point (b) is not the first 
authorisation for placing the product on the market as a 
medicinal product in the Community, information regarding the identity of the product thus authorised and the legal provision under which the authorisation procedure took place, together with a copy of the notice publishing the authorisation in the appropriate official publication;  
(d) where the application for a certificate includes a request for 
an extension of the duration:  
(i) a copy of the statement indicating compliance with an 
agreed completed paediatric investigation plan as referred to in Article 36(1) of Regulation (EC) No 1901/2006;  
(ii) where necessary, in addition to the copy of the author
­
isation to place the product on the market as referred to in point (b), proof of possession of authorisations to place the product on the market of all other Member States, as referred to in Article 36(3) of Regulation (EC) No 1901/2006.  
2. Where an application for a certificate is pending, an appli
­
cation for an extended duration in accordance with Article 7(3) shall include the particulars referred to in paragraph 1(d) of this Article and a reference to the application for a certificate already filed. 
3. The application for an extension of the duration of a 
certificate already granted shall contain the particulars referred to in paragraph 1(d) and a copy of the certificate already granted.
 
4. Member States may provide that a fee is to be payable 
upon application for a certificate and upon application for the extension of the duration of a certificate.EN 16.6.2009 Official Journal of the European Union L 152/3
IP/N/1/EU/P/3 
       - 5 -Article 9  
Lodging of an application for a certificate  
1. The application for a certificate shall be lodged with the 
competent industrial property office of the Member State which 
granted the basic patent or on whose behalf it was granted and in which the authorisation referred to in Article 3(b) to place the product on the market was obtained, unless the Member State designates another authority for the purpose.  
The application for an extension of the duration of a certificate 
shall be lodged with the competent authority of the Member State concerned.  
2. Notification of the application for a certificate shall be 
published by the authority referred to in paragraph 1. The 
notification shall contain at least the following information:  
(a) the name and address of the applicant;  
(b) the number of the basic patent;  
(c) the title of the invention;  
(d) the number and date of the authorisation to place the 
product on the market, referred to in Article 3(b), and the 
product identified in that authorisation;  
(e) where relevant, the number and date of the first authoris
­
ation to place the product on the market in the Community;  
(f) where applicable, an indication that the application includes 
an application for an extension of the duration.  
3. Paragraph 2 shall apply to the notification of the appli
­
cation for an extension of the duration of a certificate already granted or where an application for a certificate is pending. The notification shall additionally contain an indication of the appli
­
cation for an extended duration of the certificate.  
Article 10 
Grant of the certificate or rejection of the application for a 
certificate  
1. Where the application for a certificate and the product to 
which it relates meet the conditions laid down in this Regu ­
lation, the authority referred to in Article 9(1) shall grant the certificate.  2. The authority referred to in Article 9(1) shall, subject to 
paragraph 3, reject the application for a certificate if the appli
­
cation or the product to which it relates does not meet the conditions laid down in this Regulation.  
3. Where the application for a certificate does not meet the 
conditions laid down in Article 8, the authority referred to in Article 9(1) shall ask the applicant to rectify the irregularity, or to settle the fee, within a stated time.  
4. If the irregularity is not rectified or the fee is not settled 
under paragraph 3 within the stated time, the authority shall reject the application.  
5. Member States may provide that the authority referred to 
in Article 9(1) is to grant certificates without verifying that the conditions laid down in Article 3(c) and (d) are met.  
6. Paragraphs 1 to 4 shall apply  mutatis mutandis to the 
application for an extension of the duration.  
Article 11  
Publication 
1. Notification of the fact that a certificate has been granted 
shall be published by the authority referred to in Article 9(1). The notification shall contain at least the following information:  
(a) the name and address of the holder of the certificate;  
(b) the number of the basic patent;  
(c) the title of the invention;  
(d) the number and date of the authorisation to place the 
product on the market referred to in Article 3(b) and the product identified in that authorisation;  
(e) where relevant, the number and date of the first authoris
­
ation to place the product on the market in the Community;
 
(f) the duration of the certificate.EN L 152/4 Official Journal of the European Union 16.6.2009
IP/N/1/EU/P/3 
       - 6 -2. Notification of the fact that the application for a certificate 
has been rejected shall be published by the authority referred to 
in Article 9(1). The notification shall contain at least the infor ­
mation listed in Article 9(2).  
3. Paragraphs 1 and 2 shall apply to the notification of the 
fact that an extension of the duration of a certificate has been granted or of the fact that the application for an extension has been rejected.  
Article 12  
Annual fees 
Member States may require that the certificate be subject to the 
payment of annual fees.  
Article 13  
Duration of the certificate  
1. The certificate shall take effect at the end of the lawful 
term of the basic patent for a period equal to the period which elapsed between the date on which the application for a basic patent was lodged and the date of the first authorisation to place the product on the market in the Community, reduced by a period of five years.  
2. Notwithstanding paragraph 1, the duration of the certifi
­
cate may not exceed five years from the date on which it takes effect.  
3. The periods laid down in paragraphs 1 and 2 shall be 
extended by six months in the case where Article 36 of Regu
­
lation (EC) No 1901/2006 applies. In that case, the duration of the period laid down in paragraph 1 of this Article may be extended only once.  
4. Where a certificate is granted for a product protected by a 
patent which, before 2 January 1993, had its term extended or for which such extension was applied for, under national law, the term of protection to be afforded under this certificate shall be reduced by the number of years by which the term of the patent exceeds 20 years.  
Article 14  
Expiry of the certificate  
The certificate shall lapse:  
(a) at the end of the period provided for in Article 13;  
(b) if the certificate holder surrenders it;  
(c) if the annual fee laid down in accordance with Article 12 is 
not paid in time;  (d) if and as long as the product covered by the certificate may 
no longer be placed on the market following the withdrawal of the appropriate authorisation or authorisations to place on the market in accordance with Directive 2001/83/EC or Directive 2001/82/EC. The authority referred to in 
Article 9(1) of this Regulation may decide on the lapse of 
the certificate either of its own motion or at the request of a third party.  
Article 15  
Invalidity of the certificate  
1. The certificate shall be invalid if:  
(a) it was granted contrary to the provisions of Article 3;  
(b) the basic patent has lapsed before its lawful term expires;  
(c) the basic patent is revoked or limited to the extent that the 
product for which the certificate was granted would no longer be protected by the claims of the basic patent or, 
after the basic patent has expired, grounds for revocation 
exist which would have justified such revocation or 
limitation.  
2. Any person may submit an application or bring an action 
for a declaration of invalidity of the certificate before the body responsible under national law for the revocation of the corre
­
sponding basic patent.  
Article 16  
Revocation of an extension of the duration  
1. The extension of the duration may be revoked if it was 
granted contrary to the provisions of Article 36 of Regulation (EC) No 1901/2006.  
2. Any person may submit an application for revocation of 
the extension of the duration to the body responsible under national law for the revocation of the corresponding basic patent.  
Article 17  
Notification of lapse or invalidity 
1. If the certificate lapses in accordance with point (b), (c) or 
(d) of Article 14, or is invalid in accordance with Article 15, notification thereof shall be published by the authority referred to in Article 9(1).
 
2. If the extension of the duration is revoked in accordance 
with Article 16, notification thereof shall be published by the authority referred to in Article 9(1).EN 16.6.2009 Official Journal of the European Union L 152/5
IP/N/1/EU/P/3 
       - 7 -Article 18  
Appeals  
The decisions of the authority referred to in Article 9(1) or of 
the bodies referred to in Articles 15(2) and 16(2) taken under 
this Regulation shall be open to the same appeals as those provided for in national law against similar decisions taken in respect of national patents.  
Article 19  
Procedure 
1. In the absence of procedural provisions in this Regulation, 
the procedural provisions applicable under national law to the corresponding basic patent shall apply to the certificate, unless the national law lays down special procedural provisions for certificates.  
2. Notwithstanding paragraph 1, the procedure for oppo
­
sition to the granting of a certificate shall be excluded.  
Article 20 
Additional provisions relating to the enlargement of the 
Community  
Without prejudice to the other provisions of this Regulation, 
the following provisions shall apply:  
(a) any medicinal product protected by a valid basic patent and 
for which the first authorisation to place it on the market as a medicinal product was obtained after 1 January 2000 may be granted a certificate in Bulgaria, provided that the appli
­
cation for a certificate was lodged within six months from 1 January 2007;  
(b) any medicinal product protected by a valid basic patent in 
the Czech Republic and for which the first authorisation to place it on the market as a medicinal product was obtained:  
(i) in the Czech Republic after 10 November 1999 may be 
granted a certificate, provided that the application for a certificate was lodged within six months of the date on which the first market authorisation was obtained;  
(ii) in the Community not earlier than six months prior to 
1 May 2004 may be granted a certificate, provided that the application for a certificate was lodged within six months of the date on which the first market authoris
­
ation was obtained;  (c) any medicinal product protected by a valid basic patent and 
for which the first authorisation to place it on the market as a medicinal product was obtained in Estonia prior to 1 May 2004 may be granted a certificate, provided that the appli
­
cation for a certificate was lodged within six months of the date on which the first market authorisation was obtained 
or, in the case of those patents granted prior to 1 January 
2000, within the six months provided for in the Patents Act 
of October 1999; 
(d) any medicinal product protected by a valid basic patent and 
for which the first authorisation to place it on the market as 
a medicinal product was obtained in Cyprus prior to 1 May 
2004 may be granted a certificate, provided that the appli
­
cation for a certificate was lodged within six months of the 
date on which the first market authorisation was obtained; notwithstanding the above, where the market authorisation was obtained before the grant of the basic patent, the appli
­
cation for a certificate must be lodged within six months of the date on which the patent was granted;  
(e) any medicinal product protected by a valid basic patent and 
for which the first authorisation to place it on the market as a medicinal product was obtained in Latvia prior to 1 May 2004 may be granted a certificate. In cases where the period provided for in Article 7(1) has expired, the possibility of applying for a certificate shall be open for a period of six months starting no later than 1 May 2004;  
(f) any medicinal product protected by a valid basic patent 
applied for after 1 February 1994 and for which the first 
authorisation to place it on the market as a medicinal 
product was obtained in Lithuania prior to 1 May 2004 may be granted a certificate, provided that the application for a certificate was lodged within six months from 1 May 
2004;  
(g) any medicinal product protected by a valid basic patent and 
for which the first authorisation to place it on the market as a medicinal product was obtained after 1 January 2000 may 
be granted a certificate in Hungary, provided that the appli
­
cation for a certificate was lodged within six months from 1 May 2004;
 
(h) any medicinal product protected by a valid basic patent and 
for which the first authorisation to place it on the market as a medicinal product was obtained in Malta prior to 1 May 2004 may be granted a certificate. In cases where the period provided for in Article 7(1) has expired, the possibility of applying for a certificate shall be open for a period of six months starting no later than 1 May 2004;EN L 152/6 Official Journal of the European Union 16.6.2009
IP/N/1/EU/P/3 
       - 8 -(i) any medicinal product protected by a valid basic patent and 
for which the first authorisation to place it on the market as 
a medicinal product was obtained after 1 January 2000 may be granted a certificate in Poland, provided that the appli
­
cation for a certificate was lodged within six months starting no later than 1 May 2004;  
(j) any medicinal product protected by a valid basic patent and 
for which the first authorisation to place it on the market as a medicinal product was obtained after 1 January 2000 may be granted a certificate in Romania. In cases where the period provided for in Article 7(1) has expired, the possi
­
bility of applying for a certificate shall be open for a period of six months starting no later than 1 January 2007;  
(k) any medicinal product protected by a valid basic patent and 
for which the first authorisation to place it on the market as 
a medicinal product was obtained in Slovenia prior to 
1 May 2004 may be granted a certificate, provided that the application for a certificate was lodged within six months from 1 May 2004, including in cases where the period provided for in Article 7(1) has expired;  
(l) any medicinal product protected by a valid basic patent and 
for which the first authorisation to place it on the market as 
a medicinal product was obtained in Slovakia after 
1 January 2000 may be granted a certificate, provided that the application for a certificate was lodged within six months of the date on which the first market authorisation was obtained or within six months of 1 July 2002 if the market authorisation was obtained before that date.  Article 21  
Transitional provisions  
1. This Regulation shall not apply to certificates granted in 
accordance with the national legislation of a Member State before 2 January 1993 or to applications for a certificate filed in accordance with that legislation before 2 July 1992.  
With regard to Austria, Finland and Sweden, this Regulation 
shall not apply to certificates granted in accordance with their 
national legislation before 1 January 1995.  
2. This Regulation shall apply to supplementary protection 
certificates granted in accordance with the national legislation of 
the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Malta, 
Poland, Slovenia and Slovakia prior to 1 May 2004 and the 
national legislation of Romania prior to 1 January 2007.  
Article 22  
Repeal  
Regulation (EEC) No 1768/92, as amended by the acts listed in 
Annex I, is repealed.  
References to the repealed Regulation shall be construed as 
references to this Regulation and shall be read in accordance with the correlation table in Annex II.  
Article 23  
Entry into force 
This Regulation shall enter into force on the 20th day following 
its publication in the  Official Journal of the European Union . 
This Regulation shall be binding in its entirety and directly applicable in all Member States.  
Done at Strasbourg, 6 May 2009.  
For the European Parliament 
The President
 
H.-G. PÖTTERING  For the Council 
The President  
J. KOHOUTEN 16.6.2009 Official Journal of the European Union L 152/7
IP/N/1/EU/P/3 
       - 9 -ANNEX I 
REPEALED REGULATION WITH LIST OF ITS SUCCESSIVE AMENDMENTS  
(referred to in Article 22)  
Council Regulation (EEC) No 1768/92 
(OJ L 182, 2.7.1992, p. 1)  
Annex I, point XI.F.I, of the 1994 Act of Accession 
(OJ C 241, 29.8.1994, p. 233)  
Annex II, point 4.C.II, of the 2003 Act of Accession (OJ L 236, 23.9.2003, p. 342)  
Annex III, point 1.II, of the 2005 Act of Accession (OJ L 157, 21.6.2005, p. 56)  
Regulation (EC) No 1901/2006 of the European Parliament and of the Council (OJ L 378, 27.12.2006, p. 1)  Only Article 52EN L 152/8 Official Journal of the European Union 16.6.2009
IP/N/1/EU/P/3 
       - 10 -ANNEX II 
CORRELATION TABLE  
Regulation (EEC) No 1768/92  This Regulation  
— Recital 1 
Recital 1  Recital 2 
Recital 2  Recital 3 
Recital 3  Recital 4 
Recital 4  Recital 5 
Recital 5  Recital 6 
Recital 6  Recital 7 
Recital 7  Recital 8 
Recital 8  Recital 9 
Recital 9  Recital 10 
Recital 10  —  
Recital 11  —  
Recital 12  —  
Recital 13  Recital 11 
Article 1  Article 1 
Article 2  Article 2 
Article 3, introductory wording  Article 3, introductory wording  
Article 3, point (a)  Article 3, point (a) 
Article 3, point (b), first sentence  Article 3, point (b) 
Article 3, point (b), second sentence  —  
Article 3, points (c) and (d)  Article 3, points (c) and (d)  
Articles 4 to 7  Articles 4 to 7 
Article 8(1)  Article 8(1)  
Article 8(1a)  Article 8(2)  
Article 8(1b)  Article 8(3)  
Article 8(2)  Article 8(4)  
Articles 9 to 12  Articles 9 to 12 
Article 13(1), (2) and (3)  Article 13(1), (2) and (3) 
Articles 14 and 15  Articles 14 and 15 
Article 15a  Article 16 
Articles 16, 17 and 18  Articles 17, 18 and 19 
Article 19  —  
Article 19a, introductory wording  Article 20, introductory wording  
Article 19a, point (a), points (i) and (ii)  Article 20, point (b), introductory wording, points (i) 
and (ii)EN 16.6.2009 Official Journal of the European Union L 152/9
IP/N/1/EU/P/3 
       - 11 -Regulation (EEC) No 1768/92  This Regulation  
Article 19a, point (b)  Article 20, point (c) 
Article 19a, point (c)  Article 20, point (d) 
Article 19a, point (d)  Article 20, point (e) 
Article 19a, point (e)  Article 20, point (f) 
Article 19a, point (f)  Article 20, point (g) 
Article 19a, point (g)  Article 20, point (h) 
Article 19a, point (h)  Article 20, point (i) 
Article 19a, point (i)  Article 20, point (k) 
Article 19a, point (j)  Article 20, point (l) 
Article 19a, point (k)  Article 20, point (a) 
Article 19a, point (l)  Article 20, point (j) 
Article 20  Article 21 
Article 21  —  
Article 22  Article 13(4)  
— Article 22 
Article 23  Article 23 
— Annex I 
— Annex IIEN L 152/10 Official Journal of the European Union 16.6.2009
IP/N/1/EU/P/3 
       - 12 -