- Query in any language with multilingual search
- Access EUR-Lex and EU Commission case law
- See relevant paragraphs highlighted instantly
Similar Documents
Explore similar documents to your case.We Found Similar Cases for You
Case C-492/16: Judgment of the Court (Second Chamber) of 20 December 2017 (request for a preliminary ruling from the Fővárosi Törvényszék — Hungary) — Incyte Corporation v Szellemi Tulajdon Nemzeti Hivatala (Reference for a preliminary ruling — Intellectual and industrial property — Patents — Medicinal products for human use — Regulation (EC) No 469/2009 — Article 18 — Plant-protection products — Regulation (EC) No 1610/96 — Article 17(2) — Supplementary protection certificate — Duration — Fixing the date of expiry — Consequences of a judgment of the Court — Possibility or requirement to rectify the date of expiry)
ECLI:EU:UNKNOWN:62016CA0492
62016CA0492
With us you find everything. Try it now!
I imagine what I want to write in my case, I write it in the search engine and I get exactly what I wanted. Thank you!
Valentina R., lawyer
26.2.2018
Official Journal of the European Union
C 72/22
(Case C-492/16) (<span class="super note-tag">1</span>)
((Reference for a preliminary ruling - Intellectual and industrial property - Patents - Medicinal products for human use - Regulation (EC) No 469/2009 - Article 18 - Plant-protection products - Regulation (EC) No 1610/96 - Article 17(2) - Supplementary protection certificate - Duration - Fixing the date of expiry - Consequences of a judgment of the Court - Possibility or requirement to rectify the date of expiry))
(2018/C 072/29)
Language of the case: Hungarian
Referring court
Parties to the main proceedings
Applicant: Incyte Corporation
Defendant: Szellemi Tulajdon Nemzeti Hivatala
Operative part of the judgment
1.Article 18 du 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, read in the light of Article 17(2) 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, must be interpreted as meaning that the date of the first authorisation to place the product on the market, as stated in an application for a supplementary protection certificate, on the basis of which the national authority competent for granting such a certificate calculated the duration of the certificate, is incorrect in a situation, such as that at issue in the main proceedings, where the date led to a method for calculating the duration of the certificate which does not comply with the requirements of Article 13(1) of Regulation No 469/2009, as interpreted by a subsequent judgment of the Court.
2.Article 18 of Regulation No 469/2009, read in the light of recital 17 and of Article 17(2) of Regulation No 1610/96, must be interpreted as meaning that, in a situation such as that set out in point 1 of this operative part, the holder of a supplementary protection certificate may, under Article 18 of Regulation No 469/2009, bring an appeal for rectification of the duration stated in the certificate, provided that that certificate has not expired.
Language of the case: Hungarian
* * *
(<span class="super">1</span>) OJ C 454, 5.12.2016.