Final petition of the Advocate-General, Case C-229/09, Jodosulfuron, June 17, 2010, by dr. Christopher Brückner, Bardehle & Pagenberg
The German Patent Court has asked the Court of Justice of the European Union on the interpretation of Art. 3(1)(b) of Council Regulation 1610/96 regarding the creation of a supplementary protection certificate for plant protection products. This reference is Case C- 229/09 Rechtsanwaltssozietät Lovells vs. Bayer CropScience AG (jodosulfuron). The main question in this case is, whether an SPC can be granted already from receipt of a preliminary marketing approval in the sense of Article 8 paragraph 1 of Guideline 91/414/EWG, or only from receipt of a final approval in the sense of Article 4 of same Guideline.