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Up until now, the Danish Patent Office (Patent- og
Varemærkestyrelsen) has allowed SPC applications for
medicines based on a different medical use than the already
approved use of a medicinal product, considering the marketing
approval of the further medical use as the first
authorisation to place the product on the market for the
purposes of Article 3(d) of the SPC Regulation (EC 469/2009).
In view of the Santen decision from the CJEU (C-673/18), the
Danish Patent Office has now decided to discontinue this practice