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Case C-471/14: Judgment of the Court (Eighth Chamber) of 6 October 2015 (request for a preliminary ruling from the Oberlandesgericht Wien — Austria) — Seattle Genetics Inc. v Österreichisches Patentamt (Reference for a preliminary ruling — Intellectual and industrial property — Proprietary medicinal products — Regulation (EC) No 469/2009 — Article 13(1) — Supplementary protection certificate — Duration — Concept of the ‘date of the first authorisation to place the product on the market in the European Union’ — Whether account is to be taken of the date of the decision granting authorisation or the date on which notification was given of that decision)
ECLI:EU:UNKNOWN:62014CA0471
62014CA0471
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30.11.2015
Official Journal of the European Union
C 398/6
(Case C-471/14) (<span class="super">1</span>)
((Reference for a preliminary ruling - Intellectual and industrial property - Proprietary medicinal products - Regulation (EC) No 469/2009 - Article 13(1) - Supplementary protection certificate - Duration - Concept of the ‘date of the first authorisation to place the product on the market in the European Union’ - Whether account is to be taken of the date of the decision granting authorisation or the date on which notification was given of that decision))
(2015/C 398/07)
Language of the case: German
Referring court
Parties to the main proceedings
Applicant: Seattle Genetics Inc.
Defendant: Österreichisches Patentamt
Operative part of the judgment
1.Article 13(1) of 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 must be interpreted as meaning that the ‘date of the first authorisation to place the product on the market in the [European Union]’ is determined by EU law;
2.Article 13(1) of Regulation No 469/2009 is to be interpreted as meaning that the ‘date of the first authorisation to place the product on the market in the [European Union]’ within the meaning of that provision is the date on which notification of the decision granting marketing authorisation was given to the addressee of the decision.
(<span class="note">1</span>) OJ C 462, 22.12.2014.