Source: All England Reporter
Publisher Citation: [2002] All ER (D) 105 (Sep)
Court: Court of Justice of the European Communities (Sixth Chamber)
Judge:

Judges Macken (President of the Chamber), Colneric, Gulmann (Rapporteur), Puissochet and Skouris

Judgment Dates: 19 September 2002

Catchwords

European Community - Trade mark exhaustion - Parallel imports - Pharmaceutical products - Repackaging of trade-marked product - Marketing authorisation - Manufacturer holding two separate marketing authorisations for five cartridge and ten-cartridge packages - Parallel importer repackaging and marketing two five-cartridge packages as one ten-cartridge package - Whether repackaging necessary - Council Regulation (EEC) 2309/93.

The Case

Council Regulation (EEC) 2309-93 of (laying down Community procedures for the authorisation and supervision of medicinal products for human and veterinary use and establishing a European Agency for the Evaluation of Medicinal Products) precluded the marketing of medicinal products which were the subject of two separate central marketing authorisations from being bundled and relabelled by way of an over-sticker.

Practice Areas

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