On 22 December 2008, the European Court of Justice (“ECJ”) gave judgment in a reference for a preliminary ruling from the Austrian Supreme Court regarding the rules governing the repackaging of parallel-traded pharmaceuticals (The Wellcome Foundation Ltdv. Paranova Pharmazeutika Handels GmbH). The judgment clarifies the conditions under which Article 7 of the Trade Marks Directive allows a trade mark owner to oppose the marketing of a repackaged pharmaceutical product, as laid down in earlier case law. Under the facts of the underlying domestic case, Paranova Pharmazeutika (“Paranova”) had imported Zovirax®,
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The EU Court of Justice rules again on repackaging in parallel-traded pharmaceuticals (The Wellcome Foundation)
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