CELEX: C2007/096/33
Language: en
Date: 2007-04-28 00:00:00
Title: Case C-202/05: Order of the Court (Eighth Chamber) of 17 April 2007 (reference for a preliminary ruling from the High Court of Justice of England and Wales, Chancery Division — United Kingdom) — Yissum Research and Development Company of the Hebrew University of Jerusalem v Comptroller-General of Patents (First subparagraph of Article 104(3) of the Rules of Procedure — Patent law — Medicinal products — Regulation (EEC) No 1768/92 — Supplementary protection certificate for medicinal products — Concept of product — Concept of combination of active ingredients )

28.4.2007   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 96/19
            
         Order of the Court (Eighth Chamber) of 17 April 2007 (reference for a preliminary ruling from the High Court of Justice of England and Wales, Chancery Division — United Kingdom) — Yissum Research and Development Company of the Hebrew University of Jerusalem v Comptroller-General of Patents
   (Case C-202/05) (1)
   
   (First subparagraph of Article 104(3) of the Rules of Procedure - Patent law - Medicinal products - Regulation (EEC) No 1768/92 - Supplementary protection certificate for medicinal products - Concept of ‘product’ - Concept of ‘combination of active ingredients’)
   (2007/C 96/33)
   Language of the case: English
   Referring court
   High Court of Justice of England and Wales (Chancery Division)
   Parties
   
      Applicant: Yissum Research and Development Company of the Hebrew University of Jerusalem
   
      Defendant: Comptroller-General of Patents
   Re:
   Reference for a preliminary ruling — High Court of Justice of England and Wales, (Chancery Division) — Interpretation of Article 1(b) of Council Regulation (EEC) No 1768/92 of 18 June 1992 concerning the creation of a supplementary protection certificate for medicinal products (OJ 1992 L 182, p. 1) — Concept of ‘product ’— Concept of ‘combination of active ingredients of a medicinal product ’— Medicinal product composed of two components, one having a recognised therapeutic effect for a specific indication and the other enabling the product to be presented in a form that ensures its efficacy
   Operative part of the order
   Article 1(b) of Council Regulation (EEC) No 1768/92 of 18 June 1992 concerning the creation of a supplementary protection certificate for medicinal products, in the version resulting from the Act concerning the conditions of accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden and the adjustments to the Treaties on which the European Union is founded, is to be interpreted as meaning that in a case where a basic patent protects a second medical use of an active ingredient, that use does not form an integral part of the definition of the product.
   
      (1)  OJ C 193, 6.8.2005.