Medeva's SPC applications: the Court of Appeal refers questions to the ECJ

There has been a dispute concerning whether Medeva BV was entitled to obtain supplementary protection certificates for its whooping cough vaccine.

The Court of Appeal decided to refer a series of questions on the interpretation of the SPC Regulation to the Court of Justice of the European Union (CJEU) relating to the requirement that a "product is protected by a basic patent".

Wragge & Co's IP experts have produced an in-depth analysis on this judgment.