In the request for preliminary ruling in the case C-471/14 – „Seattle Genetics“ (GEISTWERT has blogged), Advocate General Niilo Jääskinen on September 10, 2015 has recommended to calculate the term of an SPC on the basis of the date of the notification and not on the basis of the date of the authorisation for marketing.
If the ECJ follows the Advocate General, holders of supplementary protection certificates may benefit from a longer term. The extension could amount to a couple of days to weeks.
We now wait for the ECJ’s judgement.