A niche blog dedicated to the issues that arise when supplementary protection certificates (SPCs) extend patents beyond their normal life -- and to the respective positions of patent owners, investors, competitors and consumers. The blog also addresses wider issues that may be of interest or use to those involved in the extension of patent rights. You can email The SPC Blog here

Monday, 19 April 2010

Jodosulfuron dispute: hearing this Thursday

In June last year The SPC Blog reported on a German reference for a preliminary ruling from the Bundespatengericht to the Court of Justice of the European Union on the interpretation of Art. 3(1)(b) of Council Regulation 1610/96 regarding the creation of a supplementary protection certificate for plant protection products. This reference is Case C-229/09 Rechtsanwaltssoziet├Ąt Lovells v Bayer CropScience AG (jodosulfuron) and the single question referred for a ruling is this:
"For the purpose of the application of Article 3(1)(b) of Regulation (EC) No 1610/96 of the European Parliament and of the Council of 23 July 1996 concerning the creation of a supplementary protection certificate for plant protection products, must account be taken exclusively of a marketing authorisation under Article 4 of Directive 91/414/EEC, or can a certificate also be issued pursuant to a marketing authorisation which has been granted on the basis of Article 8(1) of Directive 91/414/EEC?".
The hearing before the Court takes place this Thursday, 22 April at 11.00am.

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