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Daiichi Sankyo Company Limited and Sanofi-Aventis Deutschland GmbH and Greece (intervening) v DEMO Anonymos Viomichaniki kai Emporiki Etairia Farmakon and Germany (intervening), Judgment, reference for a preliminary ruling, Case C-414/11, ILEC 038 (CJEU 2013), 18th July 2013, Court of Justice of the European Union [CJEU]; European Court of Justice [ECJ]; European Court of Justice (Grand Chamber)

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 22 June 2021

Whether Article 27 of Annex 1C Agreement on Trade-Related Aspects of Intellectual Property Rights (‘TRIPs’) of the Agreement Establishing the World Trade Organization (‘WTO Agreement’) fell within the exclusive competence of the European Union (‘EU’) or the EU’s member states remained principally competent; the latter would allow their courts to accord that provision with direct effect subject to the conditions laid down by national law.

Whether Articles 27 and 70 of TRIPs required a patent that was granted solely in relation to the process of manufacture of a pharmaceutical product to be regarded to cover also the product’s invention.

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