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BLOG@IP::JURPatent Attorney Axel H Horns' Blog on Intellectual Property Law.
Wednesday, January 14, 2004Parallel imports of proprietary medicinal products in the EU.The Secretary-General of the European Commission has published Document 5173/04 conveying a Commission communication on parallel imports of proprietary medicinal products for which marketing authorisations have already been granted.
The Communication intends to update the 1982 Commission Communication on the same subject and aims at giving some guidance on the practical application of the jurisprudence of the European Court of Justice to national measures relating to parallel imports, from one Member State to another, of proprietary medicinal products for which marketing authorisations have already been granted in the Member State of destination. The Document says, inter alia: "[...] Regarding industrial and commercial property rights protected by Member State legislation, that legislation may not be used to oppose the importation of a product which has been lawfully placed on the market in another Member State by, or with the consent of, the proprietor of that right. Moreover, the trade mark proprietor may not use his right in order to prevent repackaging of a product imported in parallel when: the use of the trade-mark right by the owner, having regard to the marketing system which he has adopted, will contribute to the artificial partitioning of the markets between Member States; the repackaging cannot adversely affect the original condition of the product; it is stated on the new packaging by whom the product has been repackaged; the presentation of the repackaged product is not such as to be liable to damage the reputation of the trade mark and of its owner; and the proprietor of the trade mark receives prior notice before the repackaged product is put on sale."
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