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_39@2026-11-13

39In accordance with Article 5 of Regulation No 469/2009, a SPC thus granted in connection with such a product confers, upon the expiry of the patent, the same rights as were conferred by the basic patent in relation to the product, within the limits of the protection conferred by the basic patent, as provided for in Article 4 of the regulation. Accordingly, if, during the period in which the patent was valid, the patent holder could oppose, on the basis of his patent, all use or certain uses of his product in the form of a medicinal product consisting of such a product or containing it, the SPC granted in relation to that product would confer on the holder the same rights for all uses of the product, as a medicinal product, which were authorised before the expiry of the certificate.

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

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