Wnioski:
1. On a proper construction of Council Regulation EEC No 1768/92 of 18 June 1992 concerning the creation of a supplementary protection certificate for medicinal products and, in particular, Article 3(b) thereof, where a product in the form referred to in the marketing authorisation is protected by a basic patent in force, the supplementary protection certificate is capable of covering the product, as a medicinal product, in any of the forms enjoying the protection of the basic patent.

2. In order to determine, in connection with the application of Regulation No 1768/92 and, in particular, Article 3(a) thereof, whether a product is protected by a basic patent, reference must be made to the rules which govern that patent.

Tekst wyroku:
C-392/97, Farmitalia Carlo Erba.

Opublikowany:
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