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Case C-125/10: Reference for a preliminary ruling from the Bundespatentgericht (Germany) lodged on 9 March 2010 — Merck & Co Inc v Deutsches Patent- und Markenamt
ECLI:EU:UNKNOWN:62010CN0125
62010CN0125
March 9, 2010
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19.6.2010
Official Journal of the European Union
C 161/17
(Case C-125/10)
(2010/C 161/24)
Language of the case: German
Referring court
Parties to the main proceedings
Applicant: Merck & Co Inc
Defendant: Deutsches Patent- und Markenamt
Question referred
Can a supplementary protection certificate for medicinal products (1) be granted if the period of time between the filing of the application for the basic patent and the date of first authorisation for marketing in the Community is shorter than five years?
(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 (codified version); OJ 2009 L 152, p. 1
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