C-473/22Mylan AB v Gilead Sciences Finland Oy and Others

Domstolens egne nøkkelord

Reference for a preliminary ruling – Intellectual and industrial property – Medicinal product for human use – Supplementary protection certificate (SPC) – Directive 2004/48/EC – Article 9(7) – Placing on the market of products infringing SPC rights – Provisional measures ordered on the basis of an SPC – Subsequent invalidity of the SPC and revocation of the measures – Consequences – Right to appropriate compensation for losses caused by the provisional measures – Liability of the applicant for those measures for losses caused by them – National legislation providing for strict liability.

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