Court: Court of Justice of the European Union

Clearer guidance on parallel imports of medicinal products

The CJEU’s decision in this case - together with the other decisions issued on 17 November 2022 - provides important guidance for trademark owners and parallel importers in the pharmaceutical industry.

10 January 2023

General Court annuls Board of Appeal decision concerning tactile position mark

Before examining the distinctive character of the sign under Article 7(1)(b) of Regulation 207/2009, it was first necessary to decide whether the sign was a trademark under Article 4.

05 January 2023

Hotel services, well-known marks, targeting and more: the five most-read Legal Updates of the year

Analysis of an EU decision on genuine use came top of our list of most-read Legal Updates in 2022.

26 December 2022

General Court considers classification of goods in Classes 7 and 8

The court confirmed that the goods in respect of which the owner of the STAYER marks had adduced proof of genuine use did fall within Class 8, and not within Class 7.

13 December 2022

CJEU considers exhaustion of trademark rights in medicinal products field

In a landmark decision, the CJEU has held that repackaging in new packaging and relabelling medicinal products imported in parallel constitute equivalent forms of repackaging.

12 December 2022

Parallel import infringement cases under the CJEU’s spotlight

The CJEU clarified how national court orders in infringement actions should be formulated in parallel import cases.

08 December 2022

New CJEU decision on parallel importation of medicinal products: a victory for trademark owners

The decision confirms that repackaging may take place only where it is “objectively necessary” according to the BMS conditions.

06 December 2022

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