I believe a distinction must be made between the treatment of novel and inventive products (for example two distinct antibodies or active ingredients) and a combination product where the invention solely resides in one active ingredient, e.g., irbesartan, which is combined with HCT or a diuretic in general. In the first case. In the first case it should be possible to secure SPCs for each active ingredient. It is a pity that the question before the CJEU lumps the two types of "products" together. In case of a non-inventive combination, it could be said that you are only dealing with one product (for example, irbesartan), whether it is irbesartan alone or in combination with a diuretic.Do readers agree with this sentiment? It presumably isn't too late to amend the questions which are being referred to the Court of Justice for a preliminary ruling but which, so far as one can tell from the Curia website, have not yet been received by the Court.
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