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Journal of Intellectual Property Law & Practice Advance Access originally published online on April 17, 2009
Journal of Intellectual Property Law & Practice 2009 4(6):399-401; doi:10.1093/jiplp/jpp052
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© The Authors (2009). Published by Oxford University Press. All rights reserved.

Current Intelligence

Drugs repackaging: Wellcome news for importers and brand owners

Alex Batteson and Benedict Bird
Linklaters LLP
Email: benedict.bird{at}linklaters.com

The Wellcome Foundation Ltd v Paranova Pharmazeutika Handels GmbH, Case C-276/05, European Court of Justice, 22 December 2008

The European Court of Justice (‘ECJ’) has developed further the rules under which parallel importers may legitimately place repackaged pharmaceutical products on the EU market, confirming that there is no ‘principle of minimum intervention’ against which the adverse effect on trade mark rights caused by the repackaging must be measured, at least in relation to pharmaceutical repackaging.

Correspondence: Email: alex.batteson{at}linklaters.com


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