Supplementary Protection Certificates: the Court of Justice of the EU will have its day after all
24 December 2014
Author: Mike Snodin
SCRIP Regulatory Affairs (22 December 2014)
This article, which was first published by SCRIP Regulatory Affairs on 22 December 2014, reports that the Court of Justice of the EU has now been asked (in case C-471/14, Seattle Genetics) to answer questions on the issue of whether longer SPC term should be awarded by relying upon the date of notification of a “centralised” Marketing Authorisation instead of the (earlier) date of the European Commission’s decision to issue the Authorisation. The article also analyses the questions referred to the CJEU and highlights potential problems with regard to how they have been framed. In the light of those problems, the article presents an alternative question that is more precisely adapted to the facts underlying the Seattle Genetics case, and expresses the hope that the CJEU decides to answer such an alternative question.