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Case C-11/13: Judgment of the Court (Third Chamber) of 19 June 2014 (request for a preliminary ruling from the Bundespatentgericht- Germany) — Bayer CropScience AG v Deutsches Patent- und Markenamt (Reference for a preliminary ruling — Patent law — Plant protection products — Supplementary protection certificate — Regulation (EC) No 1610/96 — Articles 1 and 3 — Terms ‘product’ and ‘active substances’ — Safener)
ECLI:EU:UNKNOWN:62013CA0011
62013CA0011
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25.8.2014
Official Journal of the European Union
C 282/8
(Case C-11/13) (<span class="super">1</span>)
((Reference for a preliminary ruling - Patent law - Plant protection products - Supplementary protection certificate - Regulation (EC) No 1610/96 - Articles 1 and 3 - Terms ‘product’ and ‘active substances’ - Safener))
2014/C 282/11
Language of the case: German
Referring court
Parties to the main proceedings
Applicant: Bayer CropScience AG
Defendant: Deutsches Patent- und Markenamt
Operative part of the judgment
The term ‘product’ in Article 1.8 and Article 3(1) of Regulation (EC) No 1610/96 of the European Parliament and of the Council of 23 July 1996 concerning the creation of a supplementary protection certificate for plant protection products, and the term ‘active substances’ in Article 1.3 of that regulation, must be interpreted as meaning that those terms may cover a substance intended to be used as a safener, where that substance has a toxic, phytotoxic or plant protection action of its own.
(<span class="note">1</span>) OJ C 86, 23.3.2013.