April 28, 2005

Term of Supplementary Protection Certificates

Arnold & Porter Advisory

On 21 April 2005, the European Court of Justice (ECJ) handed down a decision (Novartis v Millennium Pharmaceuticals) in which it confirmed that the term of Supplementary Protection Certificates (SPC) granted in the European Economic Area (EEA) must take account of marketing authorisations granted in Switzerland, even though that authorisation is not granted under EU pharmaceutical legislation. A marketing authorisation granted by Switzerland is automatically recognised by Liechtenstein. That authorisation may co-exist with an authorisation granted according to European pharmaceutical legislation.

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