F1Article 3Conditions for obtaining a certificate

Where an application is submitted under Article 7, a certificate shall be granted if, at the date of submission of that application—

  1. (a)

    the product is protected by a basic patent in force;

  2. (b)

    there is a valid UK, GB or NI authorisation to place the product on the market;

  3. (c)

    the product has not already been the subject of a certificate;

  4. (d)

    the authorisation referred to in point (b) is the first UK, GB or NI authorisation to place the product on the market as a medicinal product in the territory of the United Kingdom, the territory of England and Wales and Scotland or the territory of Northern Ireland as the case may be.