6 Jan

ECJ rules on SPCs – and French courts react

In 2011 and 2012 the European Court of Justice (ECJ) handed down several important decisions concerning the interpretation of the EU Regulation on Supplementary Protection Certificates (SPCs) for Medicinal Products (469/2009). One such decision, Novartis v Actavis, clearly replied to questions referred to the ECJ for preliminary ruling. In contrast, the Medeva decision and the orders that adopted the grounds for that decision (in particular, University of Queensland and Daiichi Sankyo) have been considered by interested parties to be imprecise. Rather than clarifying the SPC system, these decisions have had the opposite effect.