37That finding, which supports a narrow interpretation of Article 3(d) of Regulation No 469/2009, is confirmed by the Explanatory Memorandum of 11 April 1990 to the Proposal for a Regulation, referred to in paragraph 26 of the present judgment, the effect of which is, as the Advocate General observed in points 52 to 55, 66 and 69 of his Opinion, that the legislature intended, in establishing the SPC regime, to protect not all pharmaceutical research giving rise to the grant of a patent and the marketing of a new medicinal product, but to protect research leading to the first placing on the market of an active ingredient or a combination of active ingredients as a medicinal product.
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