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Advice and legal representation for a pharmaceutical company facing summary proceedings following the launch of a generic drug by the company marketing the originator drug still protected by a supplementary protection certificate (SPC).

Defence of said SPC with regard to the conditions of validity of this industrial property title as set out in Article 3 of Regulation No. 469/2009 of 6 May 2009. 

There is no strong case law on the appropriate interpretation of the SPC Regulation, neither at European level where the decisions of the national courts diverge, nor even at French level since the specialised chambers of the Court of First Instance and the Court of Appeal are in conflict in this respect. The issue is being referred to the Court of Cassation.

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