CELEX: 62012CA0210
Language: en
Date: 2013-10-17 00:00:00
Title: Case C-210/12: Judgment of the Court (Eighth Chamber) of 17 October 2013 (request for a preliminary ruling from the Bundespatentgericht — Germany) — Sumitomo Chemical Co. Ltd v Deutsches Patent- und Markenamt (Patent law — Plant protection products — Supplementary protection certificate — Regulation (EC) No 1610/96 — Directive 91/414/EEC — Emergency marketing authorisation under Article 8(4) of that directive)

14.12.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 367/13
            
         Judgment of the Court (Eighth Chamber) of 17 October 2013 (request for a preliminary ruling from the Bundespatentgericht — Germany) — Sumitomo Chemical Co. Ltd v Deutsches Patent- und Markenamt
   (Case C-210/12) (1)
   
   (Patent law - Plant protection products - Supplementary protection certificate - Regulation (EC) No 1610/96 - Directive 91/414/EEC - Emergency marketing authorisation under Article 8(4) of that directive)
   2013/C 367/21
   Language of the case: German
   
      Referring court
   
   Bundespatentgericht
   
      Parties to the main proceedings
   
   
      Applicant: Sumitomo Chemical Co. Ltd
   
      Defendant: Deutsches Patent- und Markenamt
   
      Re:
   
   Request for a preliminary ruling — Bundespatentgericht — Interpretation of Articles 3(1)(b) and 7(1) of Regulation (EC) No 1610/96 of the European Parliament and of the Council of 23 July 1996 concerning the creation of a supplementary protection certificate for plant protection products (OJ 1996 L 198, p. 30) — Conditions under which a supplementary certificate can be obtained — Possibility of having that certificate issued on the basis of a prior marketing authorisation granted in accordance with Article 8(4) of Directive 91/414/EEC — Active substance Clothianidin
   
      Operative part of the judgment
   
   
               1.
            
            
               Article 3(1)(b) of Regulation (EC) No 1610/96 of the European Parliament and of the Council of 23 July 1996 concerning the creation of a supplementary protection certificate for plant protection products must be interpreted as precluding the issue of a supplementary protection certificate for a plant protection product in respect of which an emergency marketing authorisation has been issued under Article 8(4) of Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market, as amended by Commission Directive 2005/58/EC of 21 September 2005.
            
         
               2.
            
            
               Articles 3(1)(b) and 7(1) of Regulation No 1610/96 must be interpreted as precluding an application for a supplementary protection certificate being lodged before the date on which the plant protection product has obtained the marketing authorisation referred to in Article 3(1)(b) of that regulation.
            
         
      (1)  OJ C 209, 14.7.2012.