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Journal of Intellectual Property Law & Practice Advance Access originally published online on April 14, 2008
Journal of Intellectual Property Law & Practice 2008 3(6):353-354; doi:10.1093/jiplp/jpn068
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© The Author (2008). Published by Oxford University Press. All rights reserved

Current Intelligence

Out of circulation: no trade mark infringement of goods in transit

Mark Dennis
Taylor Wessing LLP, London

Eli Lilly & Company and Lilly Icos LLC v 8PM Chemist Ltd [2008] EWCA Civ 24, Court of Appeal for England and Wales, 5 February 2008

Pharmaceutical goods brought into the UK under an inward processing procedure from Turkey for distribution to US customers were not in free circulation in the UK and so were not infringing UK trade mark rights.

Correspondence: Email: m.dennis{at}taylorwessing.com


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