Source: EURLEX
Language: en
Format: md

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| 22.2.2014 | EN | Official Journal of the European Union | C 52/20 |

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Judgment of the Court (Third Chamber) of 12 December 2013 (request for a preliminary ruling from the Rechtbank’s-Gravenhage (Netherlands)) — Georgetown University v Octrooicentrum Nederland, operating under the name NL Octrooicentrum

(Case C-484/12)[(1)](#ntr1-C_2014052EN.01002001-E0001)

(Medicinal products for human use - Supplementary protection certificate - Regulation (EC) No 469/2009 - Article 3 - Conditions for obtaining such a certificate - Whether it is possible to obtain a number of supplementary protection certificates on the basis of just one patent)

2014/C 52/33

Language of the case: Dutch

Referring court

Rechtbank’s-Gravenhage

Parties to the main proceedings

Applicant: Georgetown University

Defendant: Octrooicentrum Nederland, operating under the name NL Octrooicentrum

Re:

Request for a preliminary ruling — Rechtbank’s-Gravenhage (Netherlands) — Interpretation of Articles 3(c) and 14(b) of 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 2009 L 152, p. 1](./../../../legal-content/EN/AUTO/?uri=OJ:L:2009:152:TOC)) — Conditions under which a certificate may be obtained — Basic patent in force covering several products — Whether or not there is a right to a certificate for each product.

Operative part of the judgment

In circumstances such as those in the main proceedings, where, on the basis of a basic patent and a marketing authorisation for a medicinal product consisting of a combination of several active ingredients, the patent holder has already obtained a supplementary protection certificate for that combination of active ingredients, protected by that patent within the meaning of Article 3(a) of 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, Article 3(c) of that regulation must be interpreted as not precluding the proprietor from also obtaining a supplementary protection certificate for one of those active ingredients which, individually, is also protected as such by that patent.

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