ECJ : The Agreement on Trade – Related Aspects of Intellectual Property (TRIPs) falls within the exclusive competence of the European Union

Daiichi Sankyo Co. Ltd obtained a national patent in Greece in 1986 for levofloxacin h emihydrate, a chemical compound used as an active ingredient in antibiotic treat ments, in particular in an original medicinal product called Tavanic. It granted a licence to Sanofi – Aventis Deutschland GmbH to distribute it in Greece, under an authorisation to place it on the market granted by the competent Greek authorities in 1999. The application for the patent sought protection for the product (the active ingredient) and its process of manufacture. The protection conferred by the patent, which was due to expire on 20 June 2006, was extended by a supplementary protection certificate (SPC) 2 for five years, to 2011. In 2008 and 2009 DEMO AE obtained authorisations in Greece to place on the market a generic medicinal product called Talerin, which also had the active ingredient levofloxacin hemihydrate. Here to read more.