CJEU: Additional repackaging requirements in Impexeco and PI Pharma v Novartis

Trademark infringement and repackaging of generic drug in outer packaging with branded reference drug by parallel importer?

The proprietor of the trade mark of a reference medicinal product and the trade mark of a generic medicinal product may oppose the placing on the market of a Member State, by a parallel importer, of that generic medicinal product imported from another Member State, where that medicinal product has been repackaged in new outer packaging to which the trade mark of the corresponding reference medicinal product has been affixed, unless, 

first, the two medicinal products are identical in all respects and, 

second, the replacement of the trade mark satisfies the conditions laid down in paragraph 79 of the judgment of 11 July 1996, Bristol-Myers Squibb and Others (C‑427/93, C‑429/93 and C‑436/93, EU:C:1996:282); in paragraph 32 of the judgment of 26 April 2007, Boehringer Ingelheim and Others (C‑348/04, EU:C:2007:249); and in paragraph 28 of the judgment of 17 May 2018, Junek Europ-Vertrieb (C‑642/16, EU:C:2018:322).

IPPT20221117, CJEU, Impexeco en PI Pharma v Novartis

ECLI:EU:C:2022:894