Merck Sharp & Dohme Corporation v Comptroller-General of Patents, Designs and Trade Marks

Patent – Medicine. The Chancery Division considered the appellant medical company's appeal against a decision of the respondent Comptroller-General of Patents, Designs and Trade Marks, in which the Comptroller had refused the appellant's application for a supplementary protection certificate on the ground that it did not comply with art 3(b) of European Parliament and Community Regulation (EC) 469/2009. The court held that it was appropriate to refer two questions to the Court of Justice of the European Union relating to the granting of supplementary protection certificates.

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