Hogan Lovells International (Agriculture) French Text [2010] EUECJ C-229/09 (17 June 2010)

Hogan Lovells International (Agriculture) French Text [2010] EUECJ C-229/09 (17 June 2010)

A supplementary protection certificate for phytopharmaceutical products cannot be granted on the basis of a provisional market authorization under Article 8(1) of Directive 91/414/CEE; only a definitive authorization under Article 4 qualifies under Article 3(1)(b) of Regulation 1610/96.

Parties
Applicant: Rechtsanwaltssozietät Lovells; Respondent: Bayer CropScience AG
Jurisdiction
European Union
Judgment Date
17 June 2010
Procedural Posture
Preliminary Reference / Opinion of Advocate General
Outcome
Negative answer to preliminary question; SPC cannot be granted on provisional authorization.
Legal Topics
Supplementary Protection Certificate, Phytopharmaceuticals, Market Authorization, Directive Interpretation
Intellectual Property European Union Law Supplementary Protection Certificate Phytopharmaceuticals Market Authorization Directive Interpretation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Rechtsanwaltssozietät Lovells

Applicant

Bayer CropScience AG

Respondent

Procedural Posture

Preliminary Reference / Opinion of Advocate General

Legal Issues

  1. 1 Whether a supplementary protection certificate (SPC) for phytopharmaceutical products can be granted based on a provisional market authorization under Article 8(1) of Directive 91/414/CEE, or only on a definitive authorization under Article 4

Ratio Decidendi

A supplementary protection certificate for phytopharmaceutical products cannot be granted on the basis of a provisional market authorization under Article 8(1) of Directive 91/414/CEE; only a definitive authorization under Article 4 qualifies under Article 3(1)(b) of Regulation 1610/96.

Court Disposition

Negative answer to preliminary question; SPC cannot be granted on provisional authorization.

Orders

  • SPC applications based on provisional authorizations are invalid under Regulation 1610/96.