AHP v. BIE, European Court of Justice (European Court of Justice), 03 September 2009
September 3, 2009
The European Court of Justice held that Article 3(c) of EEC Directive no. 1768/92, in light of Article 3(2) of EC Directive no. 1610/96, does not oppose the granting of an SPC to the holder of a basic patent for a product for which, at the moment of filing the application for the SPC, one or more SPCs have already been granted to one or more holders of one or more other basic patents.
The full summary of this case has been published on Kluwer IP Law.
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