Type: Judgment

Authority: National Courts: Merit's Courts (Italy) - Tribunale Civile di Roma

Date: 05/30/2007

Subject: The judiciary authority, in the special procedure according to artt. 134 of Law 30/2005 – which introduced the Code of Industrial and Intellectual Property – must decide, with declaratory judgment, on the term of three complementary certificates for protection of pharmaceutical composition on base patents. The petition regards the disapplication of art. 3.8 of Decree 63/02, converted into Law 112/02, and of art. 61.4 of the above said Code, according to which two notes of the Ministry for Economic Development have been adopted for contrariety with artt. 1 of the Protocol 20 March 1952 to the ECHR of 4 October 1950, transposed in art. 6 of the Maastricht Treaty of 7 July 1992, and for contrariety with artt. 5, 10 and 295 of the EU Treaty and of the eleventh considerando and of art. 20 of the EU Regulation 1768/92. Subordinately, the petitioner has asked to raise question of prejudicial intepretation with suspension of the trial and claim to the Court of Justice; subordinately to that, he has asked to raise question of constitutional legitimacy of the above said norms.

Parties: Beechem Group PLC e Galaxosmithkline S.p.A. c/ Ministero dello Sviluppo Economico

Original language: Italian

Classification: Freedoms - Art. 17 Right to property

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