Merck Canada and Merck Sharp & Dohme (Judgment) [2015] EUECJ C-539/13 (12 February 2015)

Merck Canada and Merck Sharp & Dohme (Judgment) [2015] EUECJ C-539/13 (12 February 2015)

The Specific Mechanism does not require the holder or beneficiary of a patent or SPC to give notification of intention to oppose importation before invoking rights. If no intention is indicated during the one-month waiting period, the importer may apply for authorisation and import/market the product. Notification...

Source-derived case information.

Citation
[2015] EUECJ C-539/13
Parties
Claimant: Merck Canada Inc.; Claimant: Merck Sharp & Dohme Ltd; Respondent: Sigma Pharmaceuticals plc
Jurisdiction
European Union
Judgment Date
12 February 2015
Procedural Posture
Preliminary Ruling / Appeal
Outcome
preliminary ruling issued
Legal Topics
Patents, Supplementary Protection Certificates, Parallel Importation, Notification Requirements, Company Law
Intellectual Property Pharmaceutical Law EU Law Patents Supplementary Protection Certificates Parallel Importation Notification Requirements Company Law

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Parties

Merck Canada Inc.

Claimant

Merck Sharp & Dohme Ltd

Claimant

Sigma Pharmaceuticals plc

Respondent

Procedural Posture

Preliminary Ruling / Appeal

Legal Issues

  1. 1 Interpretation of notification requirements under the Specific Mechanism in Chapter 2 of Annex IV to the 2003 Act of Accession
  2. 2 Enforcement of patent/SPC rights against parallel importation
  3. 3 Identification of proper recipient and sender of notification

Ratio Decidendi

The Specific Mechanism does not require the holder or beneficiary of a patent or SPC to give notification of intention to oppose importation before invoking rights. If no intention is indicated during the one-month waiting period, the importer may apply for authorisation and import/market the product. Notification must be given to the holder or beneficiary, defined as any person enjoying rights conferred by law. The person intending to import or market need not give notification personally, provided identification is clear.

Court Disposition

preliminary ruling issued

Orders

  • The Specific Mechanism does not require the holder or beneficiary to give notification of intention before invoking rights.
  • Notification must be given to the holder or beneficiary of the patent or SPC.