IPPT20110728, CJEU, Orifarm v Merck

Print this page 29-07-2011
IPPT20110728, CJEU, Orifarm v Merck

TRADEMARK LAW – EXHAUSTION – FREE MOVEMENT OF GOODS

 

Indication of market authorisation holder responsible for repacking instead of actual repackager allowed
• Article 7(2) of First Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the Member States relating to trade marks must be interpreted as not allowing the pro-prietor of a trade mark relating to a pharmaceutical product which is the subject of parallel imports to oppose the further marketing of that product in re-packaged form on the sole ground that the new packaging indicates as the repackager not the un-dertaking which, on instructions, actually repack-aged the product and holds an authorisation to do so, but the undertaking which holds the marketing authorisation for the product, on whose instructions the repackaging was carried out, and which assumes liability for the repackaging.

 

IPPT20110728, CJEU, Orifarm v Merck