CELEX: 62009CA0229
Language: en
Date: 2010-11-11 00:00:00
Title: Case C-229/09: Judgment of the Court (Second Chamber) of 11 November 2010 (reference for a preliminary ruling from the Bundespatentgericht (Germany)) — Hogan Lovells International LLP v Bayer CropScience AG (Patent law — Plant-protection products — Regulation (EC) No 1610/96 — Directive 91/414/EEC — Supplementary protection certificate for plant protection products — Grant of a certificate for a product which had obtained a provisional marketing authorisation)

15.1.2011   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 13/10
            
         Judgment of the Court (Second Chamber) of 11 November 2010 (reference for a preliminary ruling from the Bundespatentgericht (Germany)) — Hogan Lovells International LLP v Bayer CropScience AG
   (Case C-229/09) (1)
   
   (Patent law - Plant-protection products - Regulation (EC) No 1610/96 - Directive 91/414/EEC - Supplementary protection certificate for plant protection products - Grant of a certificate for a product which had obtained a provisional marketing authorisation)
   2011/C 13/16
   Language of the case: German
   
      Referring court
   
   Bundespatentgericht
   
      Parties to the main proceedings
   
   
      Applicant: Hogan Lovells International LLP
   
      Defendant: Bayer CropScience AG
   
      Re:
   
   Reference for a preliminary ruling — Bundespatentgericht — Interpretation of 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 (OJ 1996 L 198, p. 30) — Conditions governing the acquisition of a supplementary protection certificate — Possibility of having such a certificate issued on the basis of a previous marketing authorisation issued pursuant to Article 8(1) of Directive 91/414/EEC — Active substance iodosulfuron
   
      Operative part of the judgment
   
   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 not precluding a supplementary protection certificate from being issued for a plant protection product in respect of which a valid marketing authorisation has been granted pursuant to Article 8(1) of Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market, as amended by Regulation (EC) No 396/2005 of the European Parliament and of the Council of 23 February 2005.
   
      (1)  OJ C 220, 12.09.2009.