The question has now been published but no background to it. It is a reference from the Tribunal Arbitral (Portugal). I am updating the European Patents Handbook chapter on SPCs and would like to be able to include some more details of it.
Request for a preliminary ruling from the Tribunal Arbitral (Portugal) lodged on 28 October 2013 – Merck Canada Inc. v Accord Healthcare Limited and Others
Language of the case: Portuguese
Parties to the main proceedings
Applicant: Merck Canada Inc.
Defendants: Accord Healthcare Limited, Alter SA, Labochem Ltd, Synthon BV, Ranbaxy Portugal – Comércio e Desenvolvimento de Produtos Farmacêuticos, Unipessoal Lda
If anyone can help, that would be great!May Article 13 of Regulation No 469/2009 1 be interpreted as permitting, by means of a supplementary protection certificate for medicinal products, the period for exclusive exploitation of the patented invention to be more than fifteen years from the date of the first authorisation to place the medicinal product in question on the market within the Community (not including the extension provided for in Article 13(3) of that regulation)?
____________1 Regulation (EC) No 469/2009 of the European Parliament and of the Council of 6 May 2009 concerning the supplementary protection certificate for medicinal products (Codified version) (OJ 2009 L 152, p. 1).