OpenLegislation

Original text. Later amendments are not shown.

A certificate shall be granted if, in the Member State in which the application referred to in Article 7 is submitted and at the date of that application—

(a)

the product is protected by a basic patent in force;

(b)

a valid authorization to place the product on the market as a medicinal product has been granted in accordance with Directive 65/65/EEC or Directive 81/851/EEC, as appropriate;

(c)

the product has not already been the subject of a certificate;

(d)

the authorization referred to in (b) is the first authorization to place the product on the market as a medicinal product.

Notes on Part 1

Footnotes

f1

OJ No. C114, 8.5.1990, p. 10.

f2

OJ No. C19, 28.1.1991, p. 94 and OJ No. C150, 15.6.1992.

f3

OJ No. C69, 18.3.1991, p. 22.