The supply of a medicinal product without a marketing authorisation under national provisional permissions of use does not generally prevent an SPC.
The scope of protection of an SPC for a virus may be broader than the specific virus strain mentioned in the marketing authorization.
Today, the EFTA Court ruled on two important SPC issues that were raised in the Intervet case (E – 16/14). The case concerns, on the one hand, the supply of a veterinary vaccine without a marketing authorisation (‘MA’) under successive national provisional permissions of use in order to fight a serious epizootic disease, and, on another hand, the scope of an SPC granted for a virus.
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