Order of the Court (Eighth Chamber) of 9 February 2012 — Novartis v Actavis Deutschland and Actavis
(Case C‑574/11)
The first subparagraph of Article104(3) of the Rules of Procedure— Medicinal products for human use— Supplementary protection certificate— Regulation (EC) No 469/2009— Articles4 and 5— Sole active ingredient for which such a certificate is granted— Scope of protection— Medicinal product containing more than one active ingredient, including the active ingredient which is the subject of a certificate
Approximation of laws— Uniform legislation— Industrial and commercial property— Patent right— Supplementary protection certificate for medicinal products— Protection conferred by the certificate— Scope (European Parliament and Council Regulation No469/2009, Arts4 and 5) (see paras18-21, operative part)
Re:
| Reference for a preliminary ruling— Landgericht Düsseldorf— Interpretation of Articles4 and 5 of Regulation (EC) No469/2009 of the European Parliament and of the Council of 6 May 2009 concerning the supplementary protection certificate for medicinal products (OJ 2009 L152, p. 1)— Scope of the certificate— Protection solely of medicinal products consisting only of the protected active ingredient or protection extended to medicinal products consisting of the protected active ingredient in combination with another active ingredient. |
Operative part
Articles4 and 5 of Regulation (EC) No469/2009 of the European Parliament and of the Council of 6May 2009 concerning the supplementary protection certificate for medicinal products must be interpreted as meaning that, where a ‘product’ consisting of an active ingredient was protected by a basic patent and the holder of that patent was able to rely on the protection conferred by that patent for that ‘product’ in order to oppose the marketing of a medicinal product containing that active ingredient in combination with one or more other active ingredients, a supplementary protection certificate granted for that ‘product’ enables its holder, after the basic patent has expired, to oppose the marketing by a third party of a medicinal product containing that product for a use of the ‘product’, as a medicinal product, which was authorised before that certificate expired.