Case C‑11/13

Bayer CropScience AG

v

Deutsches Patent- und Markenamt

(Request for a preliminary ruling from the Bundespatentgericht)

‛(Reference for a preliminary ruling — Patent law — Plant protection products — Supplementary protection certificate — Regulation (EC) No 1610/96 — Articles 1 and 3 — Terms ‘product’ and ‘active substances’ — Safener)’

Summary — Judgment of the Court (Third Chamber), 19 June 2014

Approximation of laws — Uniform legislation — Industrial and commercial property — Patent right — Supplementary protection certificate for plant protection products — Terms ‘product’ and ‘active substances’ — Substance intended to be used as a safener, having, directly or indirectly, a toxic, phytotoxic or plant protection action of its own — Included

(European Parliament and Council Regulation No 1610/96, Arts 1.3 and 1.8, and 3(1))

The term ‘product’ in Article 1.8 and Article 3(1) of Regulation (EC) No 1610/96 concerning the creation of a supplementary protection certificate for plant protection products, and the term ‘active substances’ in Article 1.3 of that regulation, must be interpreted as meaning that those terms may cover a substance intended to be used as a safener, where that substance has a toxic, phytotoxic or plant protection action of its own.

In this regard, since Regulation No 1610/96 makes no distinction according to whether that action is direct or indirect, there is no need to restrict the term ‘active substances’ to those whose action may be characterised as direct. However, although that classification is a necessary condition for the issuance of a supplementary protection certificate, it is not sufficient in that respect: the four cumulative conditions listed in Article 3(1) of Regulation No 1610/96 must be fulfilled.

It is therefore for the national court to ascertain whether, as provided in Article 3 of Regulation No 1610/96, the product containing a safener in its composition has, on the territory of the Member State concerned, a valid marketing authorisation as a plant protection product in accordance with Article 4 of Directive No 91/414, concerning the placing of plant protection products on the market, or an equivalent provision of national law.

(see paras 33, 38, 40, 45, operative part)

Case C‑11/13

Bayer CropScience AG

v

Deutsches Patent- und Markenamt

(Request for a preliminary ruling from the Bundespatentgericht)

‛(Reference for a preliminary ruling — Patent law — Plant protection products — Supplementary protection certificate — Regulation (EC) No 1610/96 — Articles 1 and 3 — Terms ‘product’ and ‘active substances’ — Safener)’

Summary — Judgment of the Court (Third Chamber), 19 June 2014

Approximation of laws — Uniform legislation — Industrial and commercial property — Patent right — Supplementary protection certificate for plant protection products — Terms ‘product’ and ‘active substances’ — Substance intended to be used as a safener, having, directly or indirectly, a toxic, phytotoxic or plant protection action of its own — Included

(European Parliament and Council Regulation No 1610/96, Arts 1.3 and 1.8, and 3(1))

The term ‘product’ in Article 1.8 and Article 3(1) of Regulation (EC) No 1610/96 concerning the creation of a supplementary protection certificate for plant protection products, and the term ‘active substances’ in Article 1.3 of that regulation, must be interpreted as meaning that those terms may cover a substance intended to be used as a safener, where that substance has a toxic, phytotoxic or plant protection action of its own.

In this regard, since Regulation No 1610/96 makes no distinction according to whether that action is direct or indirect, there is no need to restrict the term ‘active substances’ to those whose action may be characterised as direct. However, although that classification is a necessary condition for the issuance of a supplementary protection certificate, it is not sufficient in that respect: the four cumulative conditions listed in Article 3(1) of Regulation No 1610/96 must be fulfilled.

It is therefore for the national court to ascertain whether, as provided in Article 3 of Regulation No 1610/96, the product containing a safener in its composition has, on the territory of the Member State concerned, a valid marketing authorisation as a plant protection product in accordance with Article 4 of Directive No 91/414, concerning the placing of plant protection products on the market, or an equivalent provision of national law.

(see paras 33, 38, 40, 45, operative part)