Regulation (EC) No 469/2009 of the European Parliament and of the Council of 6 May 2009 concerning the supplementary protection certificate for medicinal products (Codified version) (Text with EEA relevance)
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There are currently no known outstanding effects by UK legislation for Regulation (EC) No 469/2009 of the European Parliament and of the Council, Article 15.
1.The certificate shall be invalid if:
(a)it was granted contrary to the provisions of Article 3;
(b)the basic patent has lapsed before its lawful term expires;
(c)the basic patent is revoked or limited to the extent that the product for which the certificate was granted would no longer be protected by the claims of the basic patent or, after the basic patent has expired, grounds for revocation exist which would have justified such revocation or limitation.
2.Any person may submit an application or bring an action for a declaration of invalidity of the certificate before [F1the comptroller or the court].
Textual Amendments
F1Words in Art. 15(2) substituted (31.12.2020) by The Patents (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/801), regs. 1, 62 (as amended by S.I. 2020/1050, regs. 1(2), 36); 2020 c. 1, Sch. 5 para. 1(1)
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