Opinion of the Advocate General — ECLI:EU:C:2018:1020
Date: 2018-12-13
Language of the case: English
Subject matter: Intellectual, industrial and commercial property;Approximation of laws
Procedure: Reference for a preliminary ruling
Origin: United Kingdom

Reference for a preliminary ruling from High Court of Justice (Chancery Division) (United Kingdom) made on 24 July 2017 – Abraxis Bioscience LLC v Comptroller General of Patents (Case C-443/17) Language of the case: English Referring court High Court of Justice (Chancery Division) Parties to the main proceedings Applicant: Abraxis Bioscience LLC Defendant: Comptroller General of Patents Question referred Is Article 3(d) of the SPC Regulation1 to be interpreted as permitting the grant of an SPC where the marketing authorisation referred to in Article 3(b) is the first authorisation within the scope of the basic patent to place the product on the market as a medicinal product and where the product is a new formulation of an old active ingredient? ____________ 1 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 (OJ L 152, p. 1)