CELEX: 62012CN0443
Language: en
Date: 2012-10-03 00:00:00
Title: Case C-443/12: Reference for a preliminary ruling from High Court of Justice (Chancery Division) (United Kingdom) made on 3 October 2012 — Actavis Group PTC EHF, Actavis UK Ltd v Sanofi

15.12.2012   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 389/5
            
         Reference for a preliminary ruling from High Court of Justice (Chancery Division) (United Kingdom) made on 3 October 2012 — Actavis Group PTC EHF, Actavis UK Ltd v Sanofi
   (Case C-443/12)
   2012/C 389/07
   Language of the case: English
   
      Referring court
   
   High Court of Justice (Chancery Division)
   
      Parties to the main proceedings
   
   
      Applicants: Actavis Group PTC EHF, Actavis UK Ltd
   
      Defendant: Sanofi
   
      Third party: Sanofi Pharma Bristol-Myers Squibb SNC
   
      Questions referred
   
   
               1.
            
            
               What are the criteria for deciding whether ‘the product is protected by a basic patent in force’ in Article 3(a) of Regulation 469/2009/EC (1) (‘the Regulation’)?
            
         
               2.
            
            
               In a situation in which multiple products are protected by a basic patent in force, does the Regulation, and in particular Article 3(c), preclude the proprietor of the patent being issued a certificate for each of the products protected?
            
         
      (1)  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 L 152, p. 1