Over the years, pharmaceutical companies have obtained Supplementary Protection Certificates (SPCs) for a different application of a known active ingredient, for which a marketing authorisation had already been granted. The path for this practice was paved by the 2012 landmark decision Neurim of the Court of Justice of the European Union (CJEU) (C-130/11). However, critical tendencies against this approach are increasing. Just recently, in the Santen-referral (C-673/18), Advocate...
February 24, 2020
6 min read
