Teva UK Ltd and others v Sharp and another

Patent – Supplementary protection certificate. The Patents Court held, on a claim by Teva UK Ltd and others, challenging the validly of the defendant's supplementary protection certificate (SPC) in respect of a medicinal product, that the SPC was invalid because it did not comply with either art 3(a) or art 3(c) of the European Parliament and Council Regulation (EC) 469/2009. Under art 3(a) of the Regulation, a certificate would be granted if the product was protected by as basic patent in force, and, under art 3(c), a certificate would be granted if the product had not already been the subject of a certificate. It was held that the SPC failed to comply with those articles as contended by the claimants.

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