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Case C-354/19: Request for a preliminary ruling from the Svea Hovrätt, Patent- och marknadsöverdomstolen (Sweden) lodged on 3 May 2019 — Novartis AG v Patent-och registreringsverket
ECLI:EU:UNKNOWN:62019CN0354
62019CN0354
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8.7.2019
Official Journal of the European Union
C 230/23
(Case C-354/19)
(2019/C 230/28)
Language of the case: Swedish
Referring court
Parties to the main proceedings
Appellant: Novartis AG
Other party: Patent-och registreringsverket
Question referred
In view of the fundamental purpose which the supplementary protection certificate for medicinal products is intended to fulfil, namely that of stimulating pharmaceutical research in the European Union, does Article 3(c) of Regulation No 469/2009, (1) having regard to Article 3(2) of Regulation No 1610/96, preclude an applicant who has previously been granted a supplementary protection certificate in respect of a product protected by a basic patent, in force in respect of the product per se, from being granted a supplementary protection certificate for a new use of the product in a case such as that at issue in the main proceedings in which the new use constitutes a new therapeutic indication which is specifically protected by a new basic patent?
(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 2009 L 152, p. 1).