Supplementary Protection Certficates
European practice
Case No C-31/05 (Pharmacia Italia S.p.A)
Reference has been made to the Court  of Justice of the European Communities by order of the Bundesgerichtshofes  (Federal Court  of Justice, Germany) of 17 December 2002, for a preliminary ruling in the  appeal proceedings brought by Pharmacia Italia (formerly Pharmacia & Upjohn  S.p.A on the interpretation of Article 19(1) of Council Regulation (EEC) No  1768/92 of 18 June 1992 concerning the creation of a supplementary protection  certificate for medicinal products (hereinafter the Regulation):
Is the grant of a supplementary  protection certificate in a Member State of the Community on the basis of a  medicinal product for human beings authorised in that Member State precluded by  an authorisation to place the same product on the market as a veterinary  medicinal product granted in another Member State of the Community before the  date specified in Article 19(1) of the Regulation, or is the sole determining  factor the date on which the product was authorised in the Community as a  medicinal product for human beings?
The European Court of  Justice has given a judgment on 19 October 2004, in which it has  ruled:
The grant  of a supplementary protection certificate in a Member State of the Community on  the basis of a medicinal product for human use authorised in that Member State  is precluded by an authorisation to place the product on the market as a  veterinary medicinal product granted in another Member State of the Community before the date specified  in Article 19(1) of Council Regulation No 1768/92 of 18 June 1992 concerning  the creation of a supplementary protection certificate for medicinal products. 
The Case No C-31/03



