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Case C-422/10: Reference for a preliminary ruling from High Court of Justice (Chancery Division) (United Kingdom) made on 27 August 2010 — Georgetown University, University of Rochester, Loyola University of Chicago v Comptroller-General of Patents, Designs and Trade Marks
ECLI:EU:UNKNOWN:62010CN0422
62010CN0422
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Valentina R., lawyer
6.11.2010
Official Journal of the European Union
C 301/12
(Case C-422/10)
()
2010/C 301/17
Language of the case: English
Referring court
Parties to the main proceedings
Applicants: Georgetown University, University of Rochester, Loyola University of Chicago
Defendant: Comptroller-General of Patents, Designs and Trade Marks
Question referred
1.Does the SPC Regulation and, in particular, Article 3(b), permit the grant of a Supplementary Protection Certificate for a single active ingredient or combination of active ingredients where:
(a) a basic patent in force protects the single active ingredient or combination of active ingredients within the meaning of Article 3(a) of the SPC Regulation; and
(b) a medicinal product containing the single active ingredient or combination of active ingredients together with one or more other active ingredients is the subject of a valid authorisation granted in accordance with Directive 2001/83/EC (1) or 2001/82/EC (2) which is the first marketing authorization that places the single active ingredient or combination of active ingredients on the market?
1)Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to medicinal products for human use
OJ L 311, p. 67
2)Directive 2001/82/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to veterinary medicinal products
OJ L 311, p. 1