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Case C-473/22, Mylan: Judgment of the Court (Third Chamber) of 11 January 2024 (request for a preliminary ruling from the markkinaoikeus (Finland)) — Mylan AB v Gilead Sciences Finland Oy, Gilead Biopharmaceutics Ireland UC, Gilead Sciences Inc. (Reference for a preliminary ruling — Intellectual and industrial property — Medicinal product for human use — Supplementary protection certificate (SPC) — Directive 2004/48/EC — Article 9(7) — Placing on the market of products infringing SPC rights — Provisional measures ordered on the basis of an SPC — Subsequent invalidity of the SPC and revocation of the measures — Consequences — Right to appropriate compensation for losses caused by the provisional measures — Liability of the applicant for those measures for losses caused by them — National legislation providing for strict liability)
ECLI:EU:UNKNOWN:62022CA0473
62022CA0473
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Official Journal of the European Union
Series C
C/2024/1509
26.2.2024
(Case C-473/22, (*) Mylan)
(Reference for a preliminary ruling - Intellectual and industrial property - Medicinal product for human use - Supplementary protection certificate (SPC) - Directive 2004/48/EC - Article 9(7) - Placing on the market of products infringing SPC rights - Provisional measures ordered on the basis of an SPC - Subsequent invalidity of the SPC and revocation of the measures - Consequences - Right to appropriate compensation for losses caused by the provisional measures - Liability of the applicant for those measures for losses caused by them - National legislation providing for strict liability)
(C/2024/1509)
Language of the case: Finnish
Referring court
Parties to the main proceedings
Applicant: Mylan AB
Defendants: Gilead Sciences Finland Oy, Gilead Biopharmaceutics Ireland UC, Gilead Sciences Inc.
Operative part of the judgment
Article 9(7) of Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights
must be interpreted as not precluding national legislation which provides for a mechanism for compensation for any injury caused by a provisional measure, within the meaning of that provision, based on a system of strict liability of the applicant for those measures, in the context of which the court is entitled to adjust the amount of damages by taking into account the circumstances of the case, including whether the defendant played a part in the occurrence of the injury.
ELI: http://data.europa.eu/eli/C/2024/1509/oj
ISSN 1977-091X (electronic edition)
*
Language of the case: Finnish.