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Repackaged pharmaceutical products do not need to bear repackager’s name – Orifarm v Merck, European Court of Justice

29 July 2011 | Paul Gershlick

Orifarm were parallel importers of Merck’s pharmaceutical products, importing products that had been legitimately put onto the market of another European Union Member State. Merck objected to the fact...

Tags on this discussion: consent EEA EU EU law EU trade mark Europe European Economic Area European Union European Union Directive European Union law infringement Intellectual property intellectual property law intellectual property rights International IP IP infringement IPR marketing authorisation marketing authorisation holder parallel import parallel importing pharma pharma products pharmaceutical pharmaceutical business pharmaceutical company pharmaceutical industry pharmaceutical market pharmaceutical products pharmaceutical sector trade mark trade mark directive trade mark infringement trade marks trade marks directive unauthorised

European Commission updates counterfeit goods regulation to help rights holders better enforce rights

6 June 2011 | Paul Gershlick

The European Commission has published a proposed Regulation regarding the customs enforcement of intellectual property rights. If implemented, the Regulation would update the Counterfeit Goods Regulation...

Tags on this discussion: copyright infringement counterfeit Counterfeit Goods Regulation database right infringement design design right design right infringement design rights design rights infringement designs EU EU law Europe European Commission European law European Union infringement Intellectual property intellectual property rights International IP IP infringement parallel import parallel importing patent infringement piracy pirate games pirate video games pirated registered design regulation right rights semi-conductor topography software piracy trade mark infringement trademark infringement unregistered design right

It’s game over for Nintendo as it loses to Commission in anti-competitive distribution arrangements case – Activision Blizzard v European Commission, European Court of Justice

5 March 2011 | Mark Weston

The European Court of Justice has upheld a General Court ruling in favour of a European Commission fine of €168m in 2002 for a breach by Nintendo and some of its European distributors of Article 81 of...

Tags on this discussion: agreement agreements anti-competition anti-competitive anti-trust Article 101 Article 81 breach of competition law CJEU commercial agreement commercial agreements Commercial contract commercial contracts competition law computer games contract contracts Court of Justice of European Union Court of Justice of the European Union distribution agreement distributor EC Treaty EU Europe European Commission European Court of Justice European General Court European Union fine games console General Court General Court of the European Union illegal IT parallel import parallel importing TFEU Treaty on the Functioning of the European Union unlawful

Law not quite so sunny as parallel importing case overturned due to brand owner’s failure to publish information regarding origin – Oracle v M-Tech, Court of Appeal

1 September 2010 | Paul Gershlick

M-Tech bought for resale second-hand computer hardware of Sun Microsystems. Oracle (which has since taken over Sun’s business) objected on the basis that the goods had not been put on the market within...

Tags on this discussion: brand brand protection branding brands CJEU competition law consent Court of Appeal Court of Justice of European Union Court of Justice of the European Union EC Treaty ECJ EEA EU EU law Europan Union Europe European Court of Justice High Court Intellectual property intellectual property rights IP parallel import parallel importing summary judgment trade mark trade mark infringement Trade Marks Act unauthorised unlawful

Latest news and views tagged parallel importing

Repackaged pharmaceutical products do not need to bear repackager’s name – Orifarm v Merck, European Court of Justice

European Commission updates counterfeit goods regulation to help rights holders better enforce rights

It’s game over for Nintendo as it loses to Commission in anti-competitive distribution arrangements case – Activision Blizzard v European Commission, European Court of Justice

Law not quite so sunny as parallel importing case overturned due to brand owner’s failure to publish information regarding origin – Oracle v M-Tech, Court of Appeal

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