Austria refers a question on the term of an SPC to the ECJ

The Higher District Court of Vienna asks what many practitioners in the pharma-industry want to know: Is the term of an SPC to be determined by the date of the first authorisation to place the medicinal product on the market in the Community or by the date of the notification of the first authorisation (C-471/14 – Seattle Genetics).

The difference is a precious couple of days. So far, the European Member States apply different approaches (see GEISTWERT blog). Thus we are all curious to see how the ECJ will decide.

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