Hoffmann Eitle - München, London

Hoffmann · Eitle Newsletter 1/2012 - Seven Recent Decisions of the Court of Justice of the European Union regarding Supplementary Protection Certificates

Author: Dr. M. Kindler, Dr. K. Stratmann

The Court of Justice of the European Union (hereinafter CJEU) has issued in the past few months seven precedent-setting decisions dealing primarily with the grant of Supplementary Protection Certificates (SPCs) for combinations of two or more active substances and the protective scope of SPCs. The CJEU ruled that SPCs may only be granted for active substances and combinations of active substances that are identified or specified in the claims of the basic patent. However, a marketing authorization for a medicament can be used as support for the application for the SPC for an active substance or a combination of active substances even if the authorization should contain not only this active substance or this combination of substances but also additional active substances. The CJEU also held that an SPC for a single substance will provide protection also against the marketing of this active substance together with further active substances.