Medeva BV v Comptroller General of Patents, Designs and Trade Marks (C-322/10)

Judgment of 24 Nov 2011

law://eu/cjeu/2010/c-322-10/para_24@2026-11-13

24It should be noted that Regulation No 469/2009 establishes a uniform solution at European Union level by creating a SPC which may be obtained by the holder of a national or European patent under the same conditions in each Member State. It thus aims to prevent the heterogeneous development of national laws leading to further disparities which would be likely to create obstacles to the free movement of medicinal products within the European Union and thus directly affect the establishment and functioning of the internal market (see Case C-350/92 Spain v Council [1995] ECR I-1985, paragraphs 34 and 35; Case C-127/00 Hässle [2003] ECR I-14781, paragraph 37; and Case C-482/07 AHP Manufacturing [2009] ECR I-7295, paragraph 35).

Medeva BV v Comptroller General of Patents, Designs and Trade Marks (C-322/10)

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