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EU court considers agchem patent extensions

EU patent extensions can be granted to new agrochemicals that hold national provisional approvals, and do not have to wait until the active ingredient has fully completed the EU registration process, says the European Court of Justice (ECJ). Its opinion relates to the issuing of supplementary protection certificates (SPCs), which can give a further five years of exclusive marketing. The ECJ’s view had been sought by a German court, which is considering a case brought by Hogan Lovells International against an SPC granted to Bayer CropScience’s herbicide, iodosulfuron-methyl-sodium.



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