45Where the basic patent and the marketing authorization are held by different persons and the patent holder is unable to provide the competent national authorities with a copy of that authorization, granted by the authorities of a Member State, in accordance with Article 8(1 )(b) of the Regulation, the application for a certificate must not be refused on that ground alone. By simple cooperation, the national authority granting the certificate can obtain a copy of the marketing authorization from the national authority which issued it (see, to that effect, Case C-201/94 The Queen ν Medicines Control Agency ex parte Smith and Nephew [1996] ECR I-5819, paragraph 28). If that were not the case, the entitlement to the certificate conferred by Article 6 of the Regulation on the basic patent holder would be rendered nugatory.
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