Order — ECLI:EU:C:2007:214
Date: 2007-04-17
Language of the case: English
Court formation: Eighth Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Intellectual, industrial and commercial property;Approximation of laws;Patents
Concepts: Supplementary protection certificates
Procedure: Reference for a preliminary ruling
Origin: United Kingdom

Summary of the Order Approximation of laws – Uniform laws – Industrial and commercial property – Patent right – Supplementary protection certificate for medicinal products (Council Regulation No 1768/92, Art. 1(b)) Article 1(b) of Regulation No 1768/92 concerning the creation of a supplementary protection certificate for medicinal products is to be interpreted as meaning that in a case where a basic patent protects a second medical use of an active ingredient, that use does not form an integral part of the definition of the product. (see para. 20, operative part)