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CJEU parallel imports ruling : When does relabelling constitute trademark infringement? (Novagraaf)

Auteur: Florence Chapin (Novagraaf) Publicatiedatum: 09/07/2018 This article first appeared on WTR Daily, part of World Trademark Review, in May 2018. For further information, please go to www.worldtrademarkreview.com. The Fifth Chamber of the Court of Justice of the European Union (CJEU) has issued a preliminary ruling on the interpretation of Article 13(2)

Commercial Court of Ghent grants compensation to parallel importers for competition law infringement by Honda (Stibbe)

On 23 March 2017, the Commercial Court of Ghent ruled that the damages claim brought by parallel importers in the Honda motorcycle abuse of dominance case were not time-barred. In March 1999, following a complaint filed by a number of parallel importers, the Belgian Competition Authority (BCA) imposed a fine

2017-05-02T07:44:58+00:00 2 mei 2017|Categories: Mededingingsrecht en antitrust|Tags: , , , |

Curing rules on parallel import of pharmaceuticals? (Simont Braun)

CJEU and Belgian Supreme Court on the interaction between free movement of goods and trademark rights. On November 7, 2016 the Belgian Supreme Court (Cour de cassation – Hof van cassatie) gave judgment in two cases regarding the repackaging of pharmaceuticals, wherein it ruled in favour of the parallel importer with

Has the CJEU paved the way for parallel importation of veterinary medicines by livestock farmers – Case C-114/15? (Bristows)

In the context of criminal proceedings concerning the potential violation of the legal requirements applicable to the importation of veterinary medicines from Spain into France (so-called ‘parallel trade’), the Court of Justice (CJ) ruled that Articles 34 and 36 TFEU prohibit national legislation which requires livestock farmers to hold a

2017-01-17T10:28:39+00:00 17 januari 2017|Categories: Pharma & lifesciences|Tags: , , , |

Repackaging: when is it allowed? (Lydian)

On 10 November 2016, the European Union Court of Justice (ECJ) rendered a judgment regarding the "need of repackaging" of pharmaceuticals and the reaffixing of the trade mark by the parallel importer within the European Economic Area (EEA), which includes Norway. A lot of issues have been raised in the field