Примери за използване на Neurim на Английски и техните преводи на Български
{-}
-
Colloquial
-
Official
-
Medicine
-
Ecclesiastic
-
Ecclesiastic
-
Computer
Neurim the Court.
Property Neurim For sale.
Listings houses for sale, Neurim.
RAD Neurim Pharmaceuticals EEC SARL.
NAME OF THE MARKETING AUTHORISATION HOLDER RAD Neurim Pharmaceuticals EEC SARL.
It is not certain that in Neurim the Court intended to attribute such a broad meaning to the concept at issue.
Thirdly, the Czech and Netherlands Governments take the view that the approach adopted in Neurim should be confined even more narrowly.
The national court has doubts as to the scope of Neurim and, accordingly, as to the interpretation of Article 3(d) of Regulation No 469/2009.
The national court invites the Court, by that question, to clarify the scope of its judgment in Neurim Pharmaceuticals(1991)(7)(‘Neurim').
Should the notion of different application under the NEURIM decision of 19 July 2012 CJEU, C-130/11, be strictly understood, that is to say.
Those situations are, according to the interpretation of the Czech and Netherlands Governments,excluded from the scope of the test set out in Neurim.
Neurim also raises certain questions concerning the relationship between the concept of new therapeutic‘application or‘use', within the meaning of that judgment, and patent law.
In its appeal, that company maintains that the condition laiddown in Article 3(d) of Regulation No 469/2009 is fulfilled according to the principles set out in Neurim.
The Hungarian Government, although it has not expressly taken a position on the scope of Neurim, suggests that the question referred should be answered in the negative on the basis of such a literal interpretation.
In that regard, while a literal reading of that provision leads to the first of those interpretations(Section 1),the Court departed from that reading in Neurim(Section 2).
In accordance with that wording, the Court held in Neurim that Article 8(3) of Directive 2001/83, the subject matter of which is purely procedural, cannot affect the assessment of the substantive conditions which are laid down by Regulation No 469/2009.
In those circumstances, the relationship between, on the one hand, Article 1(b) of Regulation No 469/2009 and the line of case-law relating thereto and,on the other hand, Article 3(d) of that regulation and Neurim requires clarification.
Secondly, that solution would promote the coherence of the Court's case-law by allowing Neurim to coexist alongside the judgments relating to the interpretation of the concept of‘product', within the meaning of Regulation No 469/2009, and the order in Yissum.
Neurim is difficult to reconcile with that case-law and, in particular, with the order in Yissum(34) and, in the event that the test set out therein applies where the basic patent protects the new formulation of a known active ingredient for a known therapeutic use, with Massachusetts Institute of Technology.
Thus, although the legislature did not specifically envisage the particular, and probably exceptional,kind of situations at issue in Neurim, the pursuit of the objectives referred to by that regulation would imply that the benefit of the SPC extends to such situations.
The grounds and the operative part of Neurim refer, for their part, in general terms to the possibility of obtaining an SPC on the basis of the first marketing authorisation relating to a new therapeutic‘application' or‘use'- protected by the basic patent- of a previously authorised product.
In Neurim, however, the Court replaced the literal interpretation of Article 3(d) of Regulation No 469/2009 with a teleological reading based, in essence, on the consideration that the that regulation is intended to encourage not only research into new active ingredients or new combinations of active ingredients, but also other types of inventive activities in the field of medicinal products.
In the second place, the Czech andNetherlands Governments have proposed confining the scope of Neurim to the specific cases in which the marketing authorisation relied upon in the SPC application, although not the first to cover the active ingredient at issue, is the first marketing authorisation for that active ingredient for the therapeutic use protected by the basic patent and as a human medicinal product.
Abraxis states that, according to Neurim,(61) that general consideration provides, where a previously authorised product is covered by a new marketing authorisation for a use falling within the scope of the protection conferred by the basic patent, justification for granting that product an SPC the scope of which will be limited to that of that patent.
First, Abraxis considers that the reasoning adopted in Neurim justifies the conclusion that the condition set out in Article 3(d) of that regulation is fulfilled whenever the marketing authorisation for a medicinal product incorporating a product which is already the subject of an earlier marketing authorisation is the first to fall within the scope of the protection conferred by the basic patent.
Subsequent to Neurim, the Court, in the order in Glaxosmithkline Biologicals and Glaxosmithkline Biologicals, Niederlassung der Smithkline Beecham Pharma,(39) confirmed the interpretation of the concept of‘product' within the meaning of Article 1(b) of Regulation No 469/2009 adopted in Massachusetts Institute of Technology,(40) and stated that Neurim had not called it into question.