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Regina and The Secretary of State for Health v Association of Pharmaceutical Importers and Dowelhurst Limited: CA 18 Dec 2001

The applicants sought to quash the Scheme in the 1999 Regulations by judicial review. Prescribers under the NHS are not directly concerned with price, and that led to the need for independent regulatory controls over prices. Those controls allowed modulation of the prices, so that companies could select how the overall required price reduction was … Continue reading Regina and The Secretary of State for Health v Association of Pharmaceutical Importers and Dowelhurst Limited: CA 18 Dec 2001

Parke, Davis and Co v Probel, Reese, Beintema-Interpharm and Centrafarm: ECJ 29 Feb 1968

ECJ The restrictive nature of article 85(1) is incompatible with any extension of the prohibition for which it provides beyond the three categories of agreement exclusively enumerated therein. The existence of the rights granted by a member state to the holder of a patent is not affected by the prohibitions contained in articles 85(1) and … Continue reading Parke, Davis and Co v Probel, Reese, Beintema-Interpharm and Centrafarm: ECJ 29 Feb 1968

Oracle America Inc v M-Tech Data Ltd: SC 27 Jun 2012

The appellant complained that the respondent had imported into the European Economic Area disk drives bearing its trade marks in breach of the appellant’s rights. The respondent had argued that the appellant had abused its position by withholding information which would allow it to trade lawfully. The Court was now asked: ‘whether a person who … Continue reading Oracle America Inc v M-Tech Data Ltd: SC 27 Jun 2012