CELEX: 62011CB0006
Language: en
Date: 2011-11-25 00:00:00
Title: Case C-6/11: Order of the Court (Fourth Chamber) of 25 November 2011 (reference for a preliminary ruling from the High Court of Justice (Chancery Division) — United Kingdom) — Daiichi Sankyo Company v Comptroller-General of Patents, Designs and Trade Marks (Article 104(3), first subparagraph, of the Rules of Procedure — Medicinal products for human use — Supplementary protection certificate — Regulation (EC) No 469/2009 — Articles 3 and 4 — Conditions for obtaining a certificate — Concept of a ‘product protected by a basic patent in force’ — Criteria — Existence of further or different criteria for a medicinal product comprising more than one active ingredient)

10.3.2012   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 73/10
            
         Order of the Court (Fourth Chamber) of 25 November 2011 (reference for a preliminary ruling from the High Court of Justice (Chancery Division) — United Kingdom) — Daiichi Sankyo Company v Comptroller-General of Patents, Designs and Trade Marks
   (Case C-6/11) (1)
   
   (Article 104(3), first subparagraph, of the Rules of Procedure - Medicinal products for human use - Supplementary protection certificate - Regulation (EC) No 469/2009 - Articles 3 and 4 - Conditions for obtaining a certificate - Concept of a ‘product protected by a basic patent in force’ - Criteria - Existence of further or different criteria for a medicinal product comprising more than one active ingredient)
   2012/C 73/17
   Language of the case: English
   
      Referring court
   
   High Court of Justice (Chancery Division)
   
      Parties to the main proceedings
   
   
      Applicant: Daiichi Sankyo Company
   
      Defendant: Comptroller-General of Patents, Designs and Trade Marks
   
      Re:
   
   Reference for a preliminary ruling — High Court of Justice (Chancery Division, Patents Court) — Interpretation of Articles 3(a) and 4 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) — Conditions for obtaining a certificate — Concept of a ‘product protected by a basic patent in force’ — Criteria — Existence of further or different criteria for a medicinal product comprising more than one active ingredient
   
      Operative part of the order
   
   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 must be interpreted as precluding the competent industrial property office of a Member State from granting a supplementary protection certificate relating to active ingredients which are not identified in the wording of the claims of the basic patent relied on in support of the application for such a certificate.
   
      (1)  OJ C 63, 26.2.2011.