Expiry date of SPCs issued before the accession of a member state to EU may need to be recalculated
Hoffmann-La Roche AG v. Accord Healthcare (SPC) (Xeloda – Capecitabine),
This case concerned the date of expiry of a SPC granted to Roche in Estonia before Estonia became a member state of the EU. The CJEU has held that the duration of the SPC depended not on when the first MA was granted in the Republic of Estonia, but in the European Union. Therefore the maximum duration of supplementary protection that Roche could claim is 15 years from 10 June 1998.
5 Oct 2019