32In that regard, it should be borne in mind that the grant of an SPC requires fulfilment of the four cumulative conditions set out in Article 3 of Regulation No 469/2009. That provision provides, in essence, that an SPC can be granted only if, at the date of the application, the product is protected by a basic patent in force and has not already been the subject of a certificate. In addition, that product must have been granted a marketing authorisation as a medicinal product which is still valid, in accordance with Directive 2001/83 or Directive 2001/82, as appropriate; and, lastly, that authorisation must be the first in relation to that product as a medicinal product.
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